Yearwood, R. v [2024] EWCA Crim 1094 (29 August 2024)

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
Criminal Law Sentencing Appeals Stalking Protection Orders Reduction for Guilty Plea Jurisdictional Limits

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Parties

Dwayne Yearwood

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

  1. 1 Whether the sentence imposed exceeded the jurisdictional maximum of the Magistrates' Court
  2. 2 Whether the reduction for guilty plea and mitigation was properly applied
  3. 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