Herrity & Anor, R. v [2014] EWCA Crim 963 (19 February 2014)

Herrity & Anor, R. v [2014] EWCA Crim 963 (19 February 2014)

The appellants were entitled to full one-third credit for their guilty pleas as the indication to plead to the lesser offence was given at the first reasonable opportunity; the original sentence was reduced accordingly. The sentence was not otherwise manifestly excessive, and the activation of the suspended sentence for Luscombe was proper.

Citation
[2014] EWCA Crim 963
Parties
Prosecution: Regina; Appellant: Daniel Herrity; Appellant: Ross Luscombe
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Arson, Sentencing, Credit for Guilty Plea, Joint Enterprise, Suspended Sentence Activation
Criminal Law Arson Sentencing Credit for Guilty Plea Joint Enterprise Suspended Sentence Activation

Case Brief

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Parties

Regina

Prosecution

Daniel Herrity

Appellant

Ross Luscombe

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed for arson being reckless as to whether life was endangered was manifestly excessive
  2. 2 Whether the appellants were entitled to full credit (one-third) for their guilty pleas
  3. 3 Whether the activation of a suspended sentence for Luscombe was proper

Ratio Decidendi

The appellants were entitled to full one-third credit for their guilty pleas as the indication to plead to the lesser offence was given at the first reasonable opportunity; the original sentence was reduced accordingly. The sentence was not otherwise manifestly excessive, and the activation of the suspended sentence for Luscombe was proper.

Court Disposition

Appeal allowed in part

Orders

  • Sentence on count 2 reduced from 6 years to 5 years and 4 months for both appellants to reflect full credit for guilty pleas
  • All other orders, including activation of Luscombe's suspended sentence, to stand