Reid, R. v

Reid, R. v

The trial judge erred in refusing to adjourn for a pre-sentence report, particularly given the long gap in offending and the mitigating circumstances. The sentence imposed was manifestly excessive and should be replaced with a community order as recommended in the pre-appeal report.

Parties
Prosecution: Regina; Appellant: Gary William James Reid
Jurisdiction
England and Wales
Judgment Date
16 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Handling Stolen Goods, Sentencing, Pre Sentence Reports, Community Orders
Criminal Law Handling Stolen Goods Sentencing Pre Sentence Reports Community Orders

Case Brief

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Parties

Regina

Prosecution

Gary William James Reid

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to adjourn for a pre-sentence report before sentencing the appellant
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The trial judge erred in refusing to adjourn for a pre-sentence report, particularly given the long gap in offending and the mitigating circumstances. The sentence imposed was manifestly excessive and should be replaced with a community order as recommended in the pre-appeal report.

Court Disposition

appeal allowed

Orders

  • Original custodial sentence quashed
  • Community order substituted with 18 months supervision requirement and completion of the Think First Programme