Harris, R. v

The sentence of 4 years' imprisonment was excessive because the appellant was entitled to a one-third discount for his prompt guilty plea, reducing the sentence to 3 years and 4 months.

Parties: Prosecutor: Regina; Appellant: Melvin Sidney Harris
Jurisdiction: England and Wales
Judgment Date: 04 July 2006
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Anti Social Behaviour Orders, Breach of Court Orders, Sentencing, Sexual Offences, Credit for Guilty Plea

Criminal Law Anti Social Behaviour Orders Breach of Court Orders Sentencing Sexual Offences Credit for Guilty Plea

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4

Parties

Regina

Prosecutor

Melvin Sidney Harris

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether the sentence of 4 years' imprisonment for breach of an Anti-social Behaviour Order was excessive and disproportionate
2 Whether appropriate credit for a prompt guilty plea was given

Ratio Decidendi

The sentence of 4 years' imprisonment was excessive because the appellant was entitled to a one-third discount for his prompt guilty plea, reducing the sentence to 3 years and 4 months.

Court Disposition

appeal allowed in part

Orders

Sentence of 4 years' imprisonment for breach of Anti-social Behaviour Order quashed and substituted with 3 years and 4 months' imprisonment
133 days spent on remand to count towards sentence