Broadbent, R v [2017] EWCA Crim 2505 (12 December 2017)

The total sentence imposed was at the upper end of the appropriate range but not manifestly excessive, except that the sentences for the section 6 committal offences exceeded the Crown Court's powers and required reduction to comply with statutory limits.

Citation: [2017] EWCA Crim 2505
Parties: Prosecution: Regina; Appellant: David Alan Broadbent
Jurisdiction: England and Wales
Judgment Date: 12 December 2017
Procedural Posture: Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome: Appeal allowed in part
Legal Topics: Sentencing, Totality Principle, Racially Aggravated Offences, Possession of Bladed Article, Assault on Police, Theft

Criminal Law Sentencing Totality Principle Racially Aggravated Offences Possession of Bladed Article Assault on Police Theft

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 10

Parties

Regina

Prosecution

David Alan Broadbent

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

1 Whether the total sentence imposed was manifestly excessive as a matter of totality
2 Whether the Crown Court exceeded its sentencing powers for section 6 committal offences
3 Appropriateness of consecutive versus concurrent sentences for multiple offences

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Sentence for theft under S20170416 reduced from three months to two months' imprisonment, consecutive.
Sentence for theft from motor vehicle under S20170417 reduced from three months to two months' imprisonment, concurrent.