Burton, R. v

Burton, R. v

The notional determinate sentence after full allowance for guilty pleas would have been 14 years; thus, the appropriate minimum term for imprisonment for public protection should be seven years, not nine.

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, Possession of Firearm, Conspiracy to Rob, Sentencing, Imprisonment for Public Protection
Criminal Law Robbery Possession of Firearm Conspiracy to Rob Sentencing Imprisonment for Public Protection

Case Brief

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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 imprisonment for public protection was manifestly excessive
  2. 2 Proper approach to setting minimum terms for imprisonment for public protection

Ratio Decidendi

The notional determinate sentence after full allowance for guilty pleas would have been 14 years; thus, the appropriate minimum term for imprisonment for public protection should be seven years, not nine.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced from nine years less 148 days to seven years less 148 days