Beddoes & Ors, R v [2015] EWCA Crim 2525 (07 December 2015)

Beddoes & Ors, R v [2015] EWCA Crim 2525 (07 December 2015)

The starting point of 23 years' imprisonment was higher than necessary; an appropriate starting point for those most heavily involved is 20 years after trial, reflecting the seriousness, scale, and aggravating features of the offending, but also the absence of intent to cause injury and the fact-specific context. Sentences for the five appellants are reduced accordingly.

Citation
[2015] EWCA Crim 2525
Parties
Prosecution: Regina; Appellant: Kurt Richard Beddoes; Appellant: Craig Cartwright; Appellant: Ian Ellis; Appellant: Anthony Bushell; Appellant: Thomas Whittingham
Jurisdiction
England and Wales
Judgment Date
07 December 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part; sentences reduced
Legal Topics
Conspiracy to Cause Explosion, Conspiracy to Burgle, Sentencing, Aggravating and Mitigating Factors, Deterrence
Criminal Law Conspiracy to Cause Explosion Conspiracy to Burgle Sentencing Aggravating and Mitigating Factors Deterrence

Case Brief

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Parties

Regina

Prosecution

Kurt Richard Beddoes

Appellant

Craig Cartwright

Appellant

Ian Ellis

Appellant

Anthony Bushell

Appellant

Thomas Whittingham

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point for sentencing was manifestly excessive for conspiracy to cause explosions and burglary of commercial premises involving ATMs
  2. 2 Whether individual sentences should be reduced based on roles and involvement

Ratio Decidendi

The starting point of 23 years' imprisonment was higher than necessary; an appropriate starting point for those most heavily involved is 20 years after trial, reflecting the seriousness, scale, and aggravating features of the offending, but also the absence of intent to cause injury and the fact-specific context. Sentences for the five appellants are reduced accordingly.

Court Disposition

appeals allowed in part; sentences reduced

Orders

  • Sentences imposed below quashed
  • Substituted sentences: Beddoes, 15 years and 7 years concurrent; Cartwright, 15 years and 7 years concurrent; Ellis, 11 years and 6 years concurrent; Bushell, 15 years and 7 years concurrent; Whittingham, 16 years and 7 years concurrent