McGuinness, R. v [2024] EWCA Crim 1252 (06 September 2024)

McGuinness, R. v [2024] EWCA Crim 1252 (06 September 2024)

The sentence of 182 days for assault on an emergency worker was manifestly excessive given the facts and guidelines; the appropriate sentence was 42 days. The Crown Court had no jurisdiction over the theft and failing to comply with CPN offences as they were unlawfully sent; those convictions and sentences are quashed and remitted to the Magistrates' Court.

Citation
[2024] EWCA Crim 1252
Parties
Prosecution: Rex; Appellant: Gerard McGuinness
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Jurisdictional Review
Outcome
Appeal allowed in part; sentences and convictions quashed in part; substituted sentence imposed; remittal to Magistrates' Court for certain offences.
Legal Topics
Assault on Emergency Worker, Possession of Bladed Article, Low Value Shoplifting, Community Protection Notice, Jurisdictional Error, Sentencing Guidelines
Criminal Law Appellate Procedure Assault on Emergency Worker Possession of Bladed Article Low Value Shoplifting Community Protection Notice Jurisdictional Error Sentencing Guidelines

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Parties

Rex

Prosecution

Gerard McGuinness

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Jurisdictional Review

Legal Issues

  1. 1 Whether the sentence for assault on an emergency worker was manifestly excessive
  2. 2 Whether the Crown Court had jurisdiction to deal with offences of low-value shoplifting and failing to comply with a Community Protection Notice

Ratio Decidendi

The sentence of 182 days for assault on an emergency worker was manifestly excessive given the facts and guidelines; the appropriate sentence was 42 days. The Crown Court had no jurisdiction over the theft and failing to comply with CPN offences as they were unlawfully sent; those convictions and sentences are quashed and remitted to the Magistrates' Court.

Court Disposition

Appeal allowed in part; sentences and convictions quashed in part; substituted sentence imposed; remittal to Magistrates' Court for certain offences.

Orders

  • Sentence of 182 days for assault on emergency worker quashed and replaced with 42 days.
  • Sentence of 146 days for bladed article offence remains.