Macdivitt, R. v

Macdivitt, R. v

The judge placed excessive reliance on previous convictions, which were by this stage quite old, and it was unnecessary to go above the guideline range. The appropriate sentence should be at the top of the guideline range, not outside it.

Parties
Prosecution: Regina; Appellant: Lee David MacDivitt
Jurisdiction
England and Wales
Judgment Date
02 May 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Robbery, Mitigation, Aggravating Factors
Criminal Law Sentencing Robbery Mitigation Aggravating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Lee David MacDivitt

Appellant

Procedural Posture

Criminal Appeal / Judgment

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

Ratio Decidendi

The judge placed excessive reliance on previous convictions, which were by this stage quite old, and it was unnecessary to go above the guideline range. The appropriate 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 after full credit for plea