Upton, R. v [2019] EWCA Crim 2232 (16 May 2019)

Upton, R. v [2019] EWCA Crim 2232 (16 May 2019)

The Crown Court erred in ordering the 3-month sentence for common assault (on revocation of the community order) to run consecutively to the 6 months already imposed for other summary-only offences, as this exceeded the statutory 6-month aggregate limit for consecutive sentences for summary-only offences. The sentence must run concurrently, reducing the total sentence to 10 months' imprisonment.

Citation
[2019] EWCA Crim 2232
Parties
Prosecution: Regina; Appellant: Jack Michael Robert Upton
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Breach of Suspended Sentence, Community Order Revocation, Totality Principle, Public Order Offences
Criminal Law Sentencing Breach of Suspended Sentence Community Order Revocation Totality Principle Public Order Offences

Case Brief

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Parties

Regina

Prosecution

Jack Michael Robert Upton

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the common assault as a category 1 offence
  2. 2 Whether the sentence for the section 4 Public Order Act offence failed to consider mitigation
  3. 3 Whether the re-sentencing for breach of community order failed to apply the totality principle and resulted in an unlawful or manifestly excessive sentence

Ratio Decidendi

The Crown Court erred in ordering the 3-month sentence for common assault (on revocation of the community order) to run consecutively to the 6 months already imposed for other summary-only offences, as this exceeded the statutory 6-month aggregate limit for consecutive sentences for summary-only offences. The sentence must run concurrently, reducing the total sentence to 10 months' imprisonment.

Court Disposition

Appeal allowed in part

Orders

  • The 3-month sentence for common assault (originally subject to the community order) to run concurrently, not consecutively, with other sentences.
  • Total sentence reduced from 13 months to 10 months' imprisonment.