R v Dwayne Neil

R v Dwayne Neil

The custodial portion of the sentence was disproportionate and excessive due to formal defects in the sentencing process and failure to properly apply the totality principle; a just and proportionate custodial sentence is five years, with the extended licence period remaining at three years.

Parties
Prosecutor: Rex; Appellant: Dwayne Neil
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Robbery, Theft, Assault, Racially Aggravated Harassment, Criminal Damage, Extended Determinate Sentence, Dangerousness, Mental Health in Sentencing
Criminal Law Sentencing Robbery Theft Assault Racially Aggravated Harassment Criminal Damage Extended Determinate Sentence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Rex

Prosecutor

Dwayne Neil

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial portion of the extended determinate sentence was manifestly excessive
  2. 2 Whether the sentencing judge erred in principle in structuring the sentence and applying the totality principle

Ratio Decidendi

The custodial portion of the sentence was disproportionate and excessive due to formal defects in the sentencing process and failure to properly apply the totality principle; a just and proportionate custodial sentence is five years, with the extended licence period remaining at three years.

Court Disposition

appeal allowed in part

Orders

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