Neil, R. v [2022] EWCA Crim 1734 (25 November 2022)

Neil, R. v [2022] EWCA Crim 1734 (25 November 2022)

The custodial term imposed was disproportionate and excessive due to formal defects in the sentencing judge's reasoning, failure to clearly apply the totality principle, and lack of transparency in the application of the guilty plea discount. The appropriate custodial sentence, applying the totality principle and proper guideline methodology, is five years, with the extended licence period of three years to remain.

Citation
[2022] EWCA Crim 1734
Parties
Prosecution: Rex; Appellant: Dwayne Neil
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Robbery, Theft, Assault, Racially Aggravated Harassment, Criminal Damage, Dangerousness, Extended Determinate Sentence, Totality Principle
Criminal Law Sentencing Robbery Theft Assault Racially Aggravated Harassment Criminal Damage Dangerousness +2 more

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Parties

Rex

Prosecution

Dwayne Neil

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term of seven years was manifestly excessive and wrong in principle
  2. 2 Whether the sentencing judge properly applied the totality principle and the discount for guilty plea

Ratio Decidendi

The custodial term imposed was disproportionate and excessive due to formal defects in the sentencing judge's reasoning, failure to clearly apply the totality principle, and lack of transparency in the application of the guilty plea discount. The appropriate custodial sentence, applying the totality principle and proper guideline methodology, is five years, with the extended licence period of three years to remain.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Custodial portion of sentence reduced from seven years to five years' imprisonment.
  • Extended licence period of three years to remain.