Forbes, R. v

Forbes, R. v

The appellant was entitled to credit for his guilty pleas despite the inevitability of conviction, and consecutive sentences for aggravated vehicle taking and driving while disqualified were permissible due to the distinct nature of the offences.

Parties
Prosecution: Regina; Appellant: Marcus Leon Ashley Forbes
Jurisdiction
England and Wales
Judgment Date
14 July 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Aggravated Vehicle Taking, Driving While Disqualified, Credit for Guilty Plea, Consecutive Vs Concurrent Sentences
Criminal Law Sentencing Aggravated Vehicle Taking Driving While Disqualified Credit for Guilty Plea Consecutive Vs Concurrent Sentences

Case Brief

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Parties

Regina

Prosecution

Marcus Leon Ashley Forbes

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant should have received credit for his guilty pleas
  2. 2 Whether consecutive sentences were appropriate for offences arising from the same incident

Ratio Decidendi

The appellant was entitled to credit for his guilty pleas despite the inevitability of conviction, and consecutive sentences for aggravated vehicle taking and driving while disqualified were permissible due to the distinct nature of the offences.

Court Disposition

appeal allowed in part

Orders

  • Sentences for aggravated vehicle taking and driving while disqualified quashed and substituted with 18 months and 4 months respectively, to run consecutively.
  • Total detention of 22 months in a young offender institution, consecutive to 116 days' return to detention for earlier offences.