McKenzie, R. v

McKenzie, R. v

The appeal is allowed to the extent that the sentences for theft are reduced from two years to one year each, consecutive to the four-year sentence for robbery, resulting in a total sentence of five years. The direction crediting 174 days on remand is quashed as it was not lawfully amended and cannot stand.

Parties
Prosecutor: Regina; Appellant: Kenneth McKenzie
Jurisdiction
England and Wales
Judgment Date
15 October 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Credit for Time Served, Concurrent and Consecutive Sentences, Dangerousness, Appeal Procedure
Criminal Law Sentencing Credit for Time Served Concurrent and Consecutive Sentences Dangerousness Appeal Procedure

Case Brief

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Parties

Regina

Prosecutor

Kenneth McKenzie

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the total sentence of six years' imprisonment was excessive
  2. 2 Whether the sentences for theft should have been concurrent or consecutive
  3. 3 Whether the direction crediting 174 days on remand was lawfully amended

Ratio Decidendi

The appeal is allowed to the extent that the sentences for theft are reduced from two years to one year each, consecutive to the four-year sentence for robbery, resulting in a total sentence of five years. The direction crediting 174 days on remand is quashed as it was not lawfully amended and cannot stand.

Court Disposition

appeal allowed in part

Orders

  • The sentences of two years' imprisonment on each of the four counts of theft are quashed and substituted with sentences of one year's imprisonment on each count, consecutive to the four years for robbery, totaling five years' imprisonment.
  • The direction that 174 days on remand are to count towards sentence is quashed.