Harvey, R. v

Harvey, R. v

The appropriate notional sentence after trial was 42 months' imprisonment, reduced to 28 months for guilty plea, reflecting the appellant's culpability, motivation, and the need for deterrence, but not equating the offence to terrorism or serious organised crime.

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
Legal Topics
Explosive Substances, Sentencing, Deterrence, Mental Health in Sentencing
Criminal Law Explosive Substances Sentencing Deterrence Mental Health in Sentencing

Case Brief

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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 contrary to section 4 of the Explosive Substances Act 1883
  2. 2 Relevance of analogous sentencing guidelines
  3. 3 Impact of mental health and character on sentencing

Ratio Decidendi

The appropriate notional sentence after trial was 42 months' imprisonment, reduced to 28 months for guilty plea, reflecting the appellant's culpability, motivation, and the need for deterrence, but not equating the offence to terrorism or serious organised crime.

Court Disposition

appeal allowed

Orders

  • sentence of imprisonment quashed
  • substituted sentence of 28 months' imprisonment