Harvey, R. v [2018] EWCA Crim 755 (23 March 2018)

Harvey, R. v [2018] EWCA Crim 755 (23 March 2018)

The appropriate notional sentence after trial was 42 months' imprisonment, reduced to 28 months for the guilty plea, reflecting the seriousness of the offence, the appellant's motivation, the potential for harm, and the need for deterrence. The original sentence of 3 years 4 months was excessive.

Citation
[2018] EWCA Crim 755
Parties
Prosecution: Regina; Appellant: David Thomas Harvey
Jurisdiction
England and Wales
Judgment Date
23 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Explosive Substances, Sentencing, Deterrence, Mental Health in Sentencing
Criminal Law Explosive Substances Sentencing Deterrence Mental Health in Sentencing

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Parties

Regina

Prosecution

David Thomas Harvey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for making an explosive substance under section 4 of the Explosive Substances Act 1883
  2. 2 Relevance of analogous sentencing guidelines for firearms offences
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The appropriate notional sentence after trial was 42 months' imprisonment, reduced to 28 months for the guilty plea, reflecting the seriousness of the offence, the appellant's motivation, the potential for harm, and the need for deterrence. The original sentence of 3 years 4 months was excessive.

Court Disposition

appeal allowed in part

Orders

  • sentence of 3 years 4 months' imprisonment quashed
  • substituted sentence of 28 months' imprisonment