Wilson, R. v

Wilson, R. v

The Recorder erred in withholding the discount for plea solely due to the appellant's false evidence in support of his co-accused, but the failure to make the sentence consecutive resulted in an overall sentence within the appropriate range; reducing the sentence would render the overall outcome unjust.

Parties
Prosecution: Regina; Appellant: Lejuan Wilson
Jurisdiction
England and Wales
Judgment Date
15 February 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Credit for Guilty Plea, Drug Offences, Totality Principle
Criminal Law Sentencing Credit for Guilty Plea Drug Offences Totality Principle

Case Brief

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Parties

Regina

Prosecution

Lejuan Wilson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence was manifestly excessive due to deprivation of credit for early guilty plea
  2. 2 Whether giving false evidence in support of a co-accused justifies withholding plea discount

Ratio Decidendi

The Recorder erred in withholding the discount for plea solely due to the appellant's false evidence in support of his co-accused, but the failure to make the sentence consecutive resulted in an overall sentence within the appropriate range; reducing the sentence would render the overall outcome unjust.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.