Utton, R. v [2019] EWCA Crim 1341 (05 July 2019)

Utton, R. v [2019] EWCA Crim 1341 (05 July 2019)

The Goodyear indication lapsed when the appellant failed to plead guilty within a reasonable period; the judge was entitled to set a new starting point and apply a 15% discount for the late guilty plea; the sentence imposed was not manifestly excessive or wrong in principle given the seriousness and circumstances of the offences.

Citation
[2019] EWCA Crim 1341
Parties
Prosecution: Regina; Appellant: Jacob Lee Utton
Jurisdiction
England and Wales
Judgment Date
05 July 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Burglary, Assault, Goodyear Indications, Guilty Plea Discount
Criminal Law Sentencing Burglary Assault Goodyear Indications Guilty Plea Discount

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Parties

Regina

Prosecution

Jacob Lee Utton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge was wrong to increase the starting point for sentence after a lapsed Goodyear indication
  2. 2 Whether the reduction for guilty plea was correct
  3. 3 Whether the burglary offences were correctly classified as Category 1

Ratio Decidendi

The Goodyear indication lapsed when the appellant failed to plead guilty within a reasonable period; the judge was entitled to set a new starting point and apply a 15% discount for the late guilty plea; the sentence imposed was not manifestly excessive or wrong in principle given the seriousness and circumstances of the offences.

Court Disposition

appeal dismissed