Whittle, R v

Whittle, R v

The judge was correct not to reduce the sentence below the lower end of the guideline range, as the changes under the Criminal Justice Act 2003 did not warrant a reduction for sentences of four years or more. The travel restriction order was imposed without jurisdiction and must be quashed.

Parties
Prosecutor: R; Appellant: Martin Whittle
Jurisdiction
England and Wales
Judgment Date
09 March 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed in relation to custodial sentence; travel restriction order quashed
Legal Topics
Sentencing, Drug Offences, Travel Restriction Orders
Criminal Law Sentencing Drug Offences Travel Restriction Orders

Case Brief

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Parties

R

Prosecutor

Martin Whittle

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the custodial sentence was manifestly excessive and failed to account for Sentencing Guidelines Council guidance
  2. 2 Whether the court had jurisdiction to impose a travel restriction order under s.33 Criminal Justice and Police Act 2001

Ratio Decidendi

The judge was correct not to reduce the sentence below the lower end of the guideline range, as the changes under the Criminal Justice Act 2003 did not warrant a reduction for sentences of four years or more. The travel restriction order was imposed without jurisdiction and must be quashed.

Court Disposition

appeal dismissed in relation to custodial sentence; travel restriction order quashed

Orders

  • Travel restriction order quashed
  • Custodial sentence replaced by detention in a young offender institution for 5 years