Macdivitt, R. v [2018] EWCA Crim 1505 (02 May 2018)

Macdivitt, R. v [2018] EWCA Crim 1505 (02 May 2018)

The judge placed excessive reliance on old previous convictions in departing from the guideline range; on the facts, it was unnecessary to go above the appropriate range, and the sentence should be at the top of the guideline range, not outside it.

Citation
[2018] EWCA Crim 1505
Parties
Prosecution: Regina; Appellant: Lee David MacDivitt
Jurisdiction
England and Wales
Judgment Date
02 May 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Robbery, Sentencing Guidelines, Aggravating Features, Mitigation, Previous Convictions
Criminal Law Robbery Sentencing Guidelines Aggravating Features Mitigation Previous Convictions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Lee David MacDivitt

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge placed excessive reliance on previous convictions when deciding to go outside the guideline range
  2. 2 Whether sufficient regard was paid to mitigation including remorse and positive approach

Ratio Decidendi

The judge placed excessive reliance on old previous convictions in departing from the guideline range; on the facts, it was unnecessary to go above the appropriate range, and the sentence should be at the top of the guideline range, not outside it.

Court Disposition

appeal allowed

Orders

  • Sentence of 4 years and 8 months quashed
  • Substituted sentence of 4 years' imprisonment