Havell, R. v [2006] EWCA Crim 735 (10 March 2006)

Havell, R. v [2006] EWCA Crim 735 (10 March 2006)

The original sentences were excessive in light of the appellants' respective roles and mitigating factors; Miller's sentence should be reduced from four to three years, and Havell's from three to two years.

Citation
[2006] EWCA Crim 735
Parties
Prosecution: Regina; Applicant: Darren Havell; Applicant: Gordon Miller
Jurisdiction
England and Wales
Judgment Date
10 March 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Blackmail, Sentencing, Appeal
Criminal Law Blackmail Sentencing Appeal

Case Brief

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Parties

Regina

Prosecution

Darren Havell

Applicant

Gordon Miller

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for blackmail were excessive given the facts of the case and the roles of the appellants.

Ratio Decidendi

The original sentences were excessive in light of the appellants' respective roles and mitigating factors; Miller's sentence should be reduced from four to three years, and Havell's from three to two years.

Court Disposition

appeal allowed in part

Orders

  • Miller's sentence reduced from four years to three years' imprisonment.
  • Havell's sentence reduced from three years to two years' imprisonment.