Broadbent, R v

Broadbent, R v

The Crown Court exceeded its sentencing powers for three offences committed from the magistrates' court; the overall sentence was at the upper end of the appropriate bracket but not manifestly excessive; the sentences for the section 6 committal offences were reduced to comply with statutory limits, resulting in a total sentence of 25 months' imprisonment.

Parties
Prosecution: Regina; Appellant: David Alan Broadbent
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Racially Aggravated Offences, Assault on Police, Possession of Bladed Article, Theft, Powers of Crown Court
Criminal Law Sentencing Racially Aggravated Offences Assault on Police Possession of Bladed Article Theft Powers of Crown Court

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Parties

Regina

Prosecution

David Alan Broadbent

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the overall sentence imposed was excessive as a matter of totality
  2. 2 Whether the Crown Court exceeded its sentencing powers for offences committed from the magistrates' court under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The Crown Court exceeded its sentencing powers for three offences committed from the magistrates' court; the overall sentence was at the upper end of the appropriate bracket but not manifestly excessive; the sentences for the section 6 committal offences were reduced to comply with statutory limits, resulting in a total sentence of 25 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence for theft offence under reference S20170416 quashed and substituted with two months' imprisonment consecutive.
  • Sentence for theft offence under reference S20170417 quashed and substituted with two months' imprisonment concurrent.