Silvera, R. v

Silvera, R. v

The proper sentencing approach is to apply the guidelines, consider aggravating features, and ensure the sentence is not less than the statutory minimum; the starting point should be three years, with credit for guilty plea resulting in a 30-month sentence.

Parties
Prosecution: Regina; Appellant: Dean Silvera
Jurisdiction
England and Wales
Judgment Date
04 October 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Burglary, Minimum Sentence, Aggravating Factors, Guilty Plea Credit
Criminal Law Sentencing Burglary Minimum Sentence Aggravating Factors Guilty Plea Credit

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Parties

Regina

Prosecution

Dean Silvera

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Was the starting point for sentencing too high for the burglary offence?
  2. 2 Was there double-counting of aggravating factors?
  3. 3 Was the reduction for guilty plea correctly applied?

Ratio Decidendi

The proper sentencing approach is to apply the guidelines, consider aggravating features, and ensure the sentence is not less than the statutory minimum; the starting point should be three years, with credit for guilty plea resulting in a 30-month sentence.

Court Disposition

appeal allowed

Orders

  • sentence of 40 months' imprisonment quashed
  • substitute sentence of 30 months' imprisonment