Hester-Wox, R. v

Hester-Wox, R. v

The sentences imposed for summary offences exceeded the statutory maximum aggregate of six months; the sentence for obstructing a Police Constable exceeded the statutory maximum; the suspended sentence activation was lawful but the original eight-month suspended sentence was unlawful and reduced to six months; the victim surcharge order was reduced to £80.

Parties
Respondent: Regina; Applicant: Jack Hester
Jurisdiction
England and Wales
Judgment Date
31 August 2016
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Activation of Suspended Sentence, Summary Offences, Maximum Sentencing Powers, Victim Surcharge
Criminal Law Sentencing Activation of Suspended Sentence Summary Offences Maximum Sentencing Powers Victim Surcharge

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Parties

Regina

Respondent

Jack Hester

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed exceeded statutory maximums for summary offences
  2. 2 Whether the activation of the suspended sentence was lawful
  3. 3 Whether the aggregate sentences for summary offences could lawfully exceed six months

Ratio Decidendi

The sentences imposed for summary offences exceeded the statutory maximum aggregate of six months; the sentence for obstructing a Police Constable exceeded the statutory maximum; the suspended sentence activation was lawful but the original eight-month suspended sentence was unlawful and reduced to six months; the victim surcharge order was reduced to £80.

Court Disposition

appeal allowed in part

Orders

  • Sentence for obstructing a Police Constable reduced from four months to one month imprisonment, to run concurrently.
  • All sentences passed on S163 to run concurrently with each other and with sentences on S164 and S162.