Burton, R. v [2008] EWCA Crim 1505 (07 May 2008)

Burton, R. v [2008] EWCA Crim 1505 (07 May 2008)

The appropriate minimum term for imprisonment for public protection, after full allowance for pleas of guilty and reflecting overall criminality, should have been seven years, not nine. The notional determinate sentence would have been 14 years, and the minimum term is set at half that, less time spent on remand.

Source-derived case information.

Citation
[2008] EWCA Crim 1505
Parties
Respondent: Regina; Appellant: Marcus Burton
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Robbery, Firearms Offences, Conspiracy to Rob, Sentencing, Imprisonment for Public Protection
Criminal Law Robbery Firearms Offences Conspiracy to Rob Sentencing Imprisonment for Public Protection

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Parties

Regina

Respondent

Marcus Burton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of nine years imposed for imprisonment for public protection was manifestly excessive given the appellant's pleas, age, and lack of relevant previous convictions.

Ratio Decidendi

The appropriate minimum term for imprisonment for public protection, after full allowance for pleas of guilty and reflecting overall criminality, should have been seven years, not nine. The notional determinate sentence would have been 14 years, and the minimum term is set at half that, less time spent on remand.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced from nine years to seven years, less 148 days spent on remand.