Havell, R. v

Havell, R. v

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

Parties
Applicant: Darren Havell; Applicant: Gordon Miller; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
10 March 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Blackmail, Sentencing, Wheel Clamping Offences
Criminal Law Blackmail Sentencing Wheel Clamping Offences

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Darren Havell

Applicant

Gordon Miller

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for blackmail were excessive given the circumstances of the offences and the roles of the appellants

Ratio Decidendi

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