R v Mario Salvato

R v Mario Salvato

The sentence imposed was manifestly excessive and wrong in principle as it failed to properly apply the totality principle and did not give appropriate credit for time served on remand. The correct sentence was immediate imprisonment for 26 weeks, treated as time served.

Parties
Appellant: Mario Salvato; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Theft, Sentencing, Appeal, Totality Principle, Credit for Time Served
Criminal Law Theft Sentencing Appeal Totality Principle Credit for Time Served

Case Brief

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Parties

Mario Salvato

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive for the offences committed
  2. 2 Whether the suspended sentence was wrong in principle due to time already served on remand

Ratio Decidendi

The sentence imposed was manifestly excessive and wrong in principle as it failed to properly apply the totality principle and did not give appropriate credit for time served on remand. The correct sentence was immediate imprisonment for 26 weeks, treated as time served.

Court Disposition

appeal allowed

Orders

  • Suspended sentence of imprisonment quashed
  • Substituted with immediate imprisonment for 26 weeks, treated as time served