Day, R v
The sentence of twelve months' imprisonment for burglary was unlawful as the Crown Court was limited to the magistrates' maximum of six months under section 7(1) of the 2000 Act. The suspended sentence must be reduced by 84 days to reflect qualifying curfew days completed.
- Parties
- Prosecutor: Regina; Appellant: Gerry Day
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2018
- Procedural Posture
- Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Unlawful Sentence, Powers of Criminal Courts, Activation of Suspended Sentence, Credit for Curfew Days
Case Brief
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Parties
Regina
Prosecutor
Gerry Day
Appellant
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of twelve months' imprisonment for burglary was lawful
- 2 Whether the suspended sentence was properly activated and credited for curfew days
Ratio Decidendi
The sentence of twelve months' imprisonment for burglary was unlawful as the Crown Court was limited to the magistrates' maximum of six months under section 7(1) of the 2000 Act. The suspended sentence must be reduced by 84 days to reflect qualifying curfew days completed.
Court Disposition
appeal allowed in part
Orders
- Sentence for burglary reduced to six months' imprisonment
- Concurrent terms of three months for theft and attempted theft to remain, served consecutively to burglary sentence
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