Upton, R. v

Upton, R. v

The Crown Court erred in ordering the sentence for common assault (originally subject to a community order) to run consecutively to the other sentences, resulting in a total term exceeding the statutory maximum for summary-only offences. The sentence must run concurrently, reducing the total term to 10 months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Jack Michael Robert Upton
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Breach of Suspended Sentence, Community Order Revocation, Public Order Offences, Common Assault, Criminal Damage
Criminal Law Sentencing Breach of Suspended Sentence Community Order Revocation Public Order Offences Common Assault Criminal Damage

Case Brief

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Parties

Regina

Prosecutor

Jack Michael Robert Upton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against 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 principle of totality was breached by the consecutive sentences imposed, resulting in a manifestly excessive sentence

Ratio Decidendi

The Crown Court erred in ordering the sentence for common assault (originally subject to a community order) to run consecutively to the other sentences, resulting in a total term exceeding the statutory maximum for summary-only offences. The sentence must run concurrently, reducing the total term to 10 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

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