Smith, R. v

Smith, R. v

The offences, though separate, constituted a single course of criminal conduct and warranted concurrent sentences; the sentence imposed was excessive and should be reduced.

Source-derived case information.

Parties
Appellant: Henry Lee Smith; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Firearms Offences, Consecutive and Concurrent Sentences
Criminal Law Sentencing Firearms Offences Consecutive and Concurrent Sentences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Henry Lee Smith

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether consecutive sentences for multiple firearms offences forming a single course of conduct were wrong in principle
  2. 2 Whether the total sentence imposed was manifestly excessive

Ratio Decidendi

The offences, though separate, constituted a single course of criminal conduct and warranted concurrent sentences; the sentence imposed was excessive and should be reduced.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 1 quashed and substituted with eight years' imprisonment.
  • Sentences on all other counts to be served concurrently with count 1.