Calvert & Anor, R. v

Calvert & Anor, R. v

The Recorder set the starting point for sentence too high within the category 1 range given the absence of actual injury and the mitigating factors present. The appropriate starting points should have been lower, resulting in reduced sentences after mitigation and full credit for guilty pleas.

Parties
Prosecutor: Regina; Appellant: Daniel Calvert; Appellant: Sean Oliver
Jurisdiction
England and Wales
Judgment Date
23 September 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentences reduced
Legal Topics
Aggravated Burglary, Sentencing, Appeal Against Sentence
Criminal Law Aggravated Burglary Sentencing Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Daniel Calvert

Appellant

Sean Oliver

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for aggravated burglary were manifestly excessive
  2. 2 Whether sufficient mitigation was applied for youth and personal circumstances
  3. 3 Appropriate application of sentencing guidelines for aggravated burglary

Ratio Decidendi

The Recorder set the starting point for sentence too high within the category 1 range given the absence of actual injury and the mitigating factors present. The appropriate starting points should have been lower, resulting in reduced sentences after mitigation and full credit for guilty pleas.

Court Disposition

appeal allowed; sentences reduced

Orders

  • Sentences of eight years' imprisonment for Sean Oliver and seven years' detention for Daniel Calvert quashed.
  • Substitute sentence of seven years' imprisonment for Sean Oliver.