Stone, R. v [2013] EWCA Crim 723 (25 April 2013)

Stone, R. v [2013] EWCA Crim 723 (25 April 2013)

The victim surcharge order was unlawfully imposed because the sentence did not include a fine, as required by the relevant statutory instrument; therefore, the order must be quashed. The sentence of 12 months' imprisonment was not manifestly excessive, and the judge's application of the guidelines and credit for guilty pleas was appropriate.

Citation
[2013] EWCA Crim 723
Parties
Respondent: Regina; Applicant: David Stone
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Benefit Fraud, Sentencing, Victim Surcharge Order
Criminal Law Benefit Fraud Sentencing Victim Surcharge Order

Case Brief

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Parties

Regina

Respondent

David Stone

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Was the starting point for sentencing excessive?
  2. 2 Was sufficient credit given for guilty pleas?
  3. 3 Was adequate weight given to personal mitigation?

Ratio Decidendi

The victim surcharge order was unlawfully imposed because the sentence did not include a fine, as required by the relevant statutory instrument; therefore, the order must be quashed. The sentence of 12 months' imprisonment was not manifestly excessive, and the judge's application of the guidelines and credit for guilty pleas was appropriate.

Court Disposition

appeal allowed in part

Orders

  • victim surcharge order quashed
  • sentence of 12 months' imprisonment upheld