Plackett, R. v [2024] EWCA Crim 1205 (05 September 2024)

Plackett, R. v [2024] EWCA Crim 1205 (05 September 2024)

The compensation order of £2,000 for PC Keat was manifestly excessive given the nature of the injury and the appellant's means; a figure of £700 was appropriate. The order for Ms Taylor was appropriate given her physical and mental injuries. The judge should have invited submissions and given reasons, but had sufficient information to make the orders.

Citation
[2024] EWCA Crim 1205
Parties
Prosecution: Rex; Appellant: Daniel Plackett
Jurisdiction
England and Wales
Judgment Date
05 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence (compensation Orders)
Outcome
Appeal allowed in part
Legal Topics
Compensation Orders, Assessment of Means, Victim Impact, Sentencing Guidelines
Criminal Law Sentencing Compensation Orders Assessment of Means Victim Impact Sentencing Guidelines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rex

Prosecution

Daniel Plackett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (compensation Orders)

Legal Issues

  1. 1 Whether the compensation orders made were commensurate with the injuries sustained by the victims
  2. 2 Whether the sentencing judge failed to invite submissions on compensation and failed to properly consider the appellant's means
  3. 3 Whether the sentencing judge gave adequate reasons for the compensation orders and their amounts

Ratio Decidendi

The compensation order of £2,000 for PC Keat was manifestly excessive given the nature of the injury and the appellant's means; a figure of £700 was appropriate. The order for Ms Taylor was appropriate given her physical and mental injuries. The judge should have invited submissions and given reasons, but had sufficient information to make the orders.

Court Disposition

Appeal allowed in part

Orders

  • Compensation order for Ms Taylor (£2,000) upheld; instalments of £100/month to continue as previously ordered.
  • Compensation order for PC Keat reduced from £2,000 to £700; no further compensation payable to PC Keat.