Ellis, R v

Ellis, R v

The sentence of seven years was excessive in light of the applicant's plea, the absence of actual violence, and the relevant sentencing authorities; a sentence of six years' imprisonment is appropriate.

Parties
Prosecutor: Regina; Applicant: Gavin Lee Ellis
Jurisdiction
England and Wales
Judgment Date
03 February 2009
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced
Legal Topics
Aggravated Burglary, Sentencing, Appeal Against Sentence
Criminal Law Aggravated Burglary Sentencing Appeal Against Sentence

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

Gavin Lee Ellis

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of seven years' imprisonment for aggravated burglary was manifestly excessive
  2. 2 Appropriate sentence for aggravated burglary involving weapons and threats in a domestic setting

Ratio Decidendi

The sentence of seven years was excessive in light of the applicant's plea, the absence of actual violence, and the relevant sentencing authorities; a sentence of six years' imprisonment is appropriate.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Leave to appeal granted
  • Sentence of seven years' imprisonment quashed