Cummins, R v [2020] EWCA Crim 1434 (08 October 2020)

Cummins, R v [2020] EWCA Crim 1434 (08 October 2020)

The sentencing judge was entitled to make her own factual findings consistent with the jury's verdicts, the credit for guilty plea was properly limited to 10% as the plea was entered on the first day of trial, and the finding of dangerousness and imposition of an extended sentence were justified on the evidence and not wrong in principle.

Citation
[2020] EWCA Crim 1434
Parties
Prosecution: Regina; Appellant: Daniel Marcus Cummins
Jurisdiction
England and Wales
Judgment Date
08 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Unlawful Wounding, Dangerous Offender, Sentencing Guidelines, Credit for Guilty Plea, Factual Basis for Sentencing
Criminal Law Robbery Unlawful Wounding Dangerous Offender Sentencing Guidelines Credit for Guilty Plea Factual Basis for Sentencing

Case Brief

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Parties

Regina

Prosecution

Daniel Marcus Cummins

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge sentenced on a factual basis inconsistent with the jury's verdicts
  2. 2 Whether greater credit should have been given for the guilty plea
  3. 3 Whether the judge was wrong to find the appellant a dangerous offender and impose an extended sentence

Ratio Decidendi

The sentencing judge was entitled to make her own factual findings consistent with the jury's verdicts, the credit for guilty plea was properly limited to 10% as the plea was entered on the first day of trial, and the finding of dangerousness and imposition of an extended sentence were justified on the evidence and not wrong in principle.

Court Disposition

appeal dismissed