McGeechan, R. v

McGeechan, R. v

The court lacked power to impose consecutive sentences for breach detention and dangerous driving; the breach detention period should be reduced to reflect compliance and the nature of offending; the dangerous driving sentence was not manifestly excessive.

Parties
Applicant: Jack McGeechan; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Detention and Training Orders, Dangerous Driving, Consecutive and Concurrent Sentences, Supervision Breach, Young Offender Institution
Criminal Law Sentencing Detention and Training Orders Dangerous Driving Consecutive and Concurrent Sentences Supervision Breach Young Offender Institution

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jack McGeechan

Applicant

The Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the court had power to order consecutive sentences for breach detention and dangerous driving
  2. 2 Appropriateness of the length of breach detention
  3. 3 Whether the sentence for dangerous driving was manifestly excessive

Ratio Decidendi

The court lacked power to impose consecutive sentences for breach detention and dangerous driving; the breach detention period should be reduced to reflect compliance and the nature of offending; the dangerous driving sentence was not manifestly excessive.

Court Disposition

Appeal allowed in part

Orders

  • Term of breach detention reduced to 6 months and made concurrent with 12 months for dangerous driving
  • Total period of detention in young offender institution set at 12 months