McCreesh & Anor, R. v

McCreesh & Anor, R. v

The judge erred by sentencing appellants on the basis of organisational roles without holding a Newton hearing or sentencing strictly on their written bases of plea. The proper approach was to accept the appellants' written pleas and apply a full discount for guilty plea.

Parties
Prosecution: Regina; Appellant: Kevin Terrence McCreesh; Appellant: Francis Xavier Lennon
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Conspiracy, Newton Hearing, Excise Duty Fraud
Criminal Law Sentencing Conspiracy Newton Hearing Excise Duty Fraud

Case Brief

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Parties

Regina

Prosecution

Kevin Terrence McCreesh

Appellant

Francis Xavier Lennon

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in sentencing appellants on the basis of organisational roles without a Newton hearing
  2. 2 Whether there was unacceptable disparity between sentences of appellants and co-accused Byrne

Ratio Decidendi

The judge erred by sentencing appellants on the basis of organisational roles without holding a Newton hearing or sentencing strictly on their written bases of plea. The proper approach was to accept the appellants' written pleas and apply a full discount for guilty plea.

Court Disposition

appeal allowed

Orders

  • Sentences of three years' imprisonment quashed
  • Substituted sentences of 16 months' imprisonment for each appellant, less days spent on remand