Yearwood, R. v [2024] EWCA Crim 1094 (29 August 2024)
The sentence of 12 months' imprisonment was lawful and appropriate as it did not exceed the Magistrates' Court's maximum aggregate sentence for two either way offences, and the reduction for guilty plea was properly applied to the starting point, with the final sentence remaining within statutory limits.
Source-derived case information.
- Citation
- [2024] EWCA Crim 1094
- Parties
- Applicant: Dwayne Yearwood; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 29 August 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Application for leave to appeal against sentence refused
- Legal Topics
- Sentencing, Appeals, Stalking Protection Orders, Reduction for Guilty Plea, Jurisdictional Limits
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dwayne Yearwood
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed exceeded the jurisdictional maximum of the Magistrates' Court
- 2 Whether the reduction for guilty plea and mitigation was properly applied
- 3 Whether the sentence was manifestly excessive or wrong in principle
Ratio Decidendi
The sentence of 12 months' imprisonment was lawful and appropriate as it did not exceed the Magistrates' Court's maximum aggregate sentence for two either way offences, and the reduction for guilty plea was properly applied to the starting point, with the final sentence remaining within statutory limits.
Court Disposition
Application for leave to appeal against sentence refused
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