Miles, R. v [2024] EWCA Crim 1474 (27 November 2024)

Miles, R. v [2024] EWCA Crim 1474 (27 November 2024)

The offence involved some degree of planning but did not reach the threshold of significant planning or organisation required for high culpability A. The correct categorisation is medium culpability B, with appropriate adjustments for aggravating and mitigating factors, resulting in a reduced sentence.

Source-derived case information.

Citation
[2024] EWCA Crim 1474
Parties
Prosecution: Rex; Appellant: Liam Derek Miles
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Attempted Burglary, Culpability Categorisation
Criminal Law Sentencing Attempted Burglary Culpability Categorisation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Liam Derek Miles

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the attempted burglary should be categorised as high culpability (A) or medium culpability (B) under the sentencing guidelines
  2. 2 Whether the sentence imposed was manifestly excessive given the facts and mitigating factors

Ratio Decidendi

The offence involved some degree of planning but did not reach the threshold of significant planning or organisation required for high culpability A. The correct categorisation is medium culpability B, with appropriate adjustments for aggravating and mitigating factors, resulting in a reduced sentence.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Original sentence of 28 months' imprisonment quashed
  • New sentence of 20 months' imprisonment imposed