McCarthy, R. v

McCarthy, R. v

The sentencing judge erred in limiting the discount for the early guilty plea to 20%; a greater discount could be applied as long as the sentence did not fall below 80% of the statutory minimum. The sentence was reduced accordingly.

Parties
Respondent: Regina; Appellant: Michael David McCarthy
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Burglary, Sentencing, Minimum Sentence, Guilty Plea Discount
Criminal Law Burglary Sentencing Minimum Sentence Guilty Plea Discount

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Parties

Regina

Respondent

Michael David McCarthy

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge was correct to limit the discount for an early guilty plea to 20% in a section 111 Powers of Criminal Courts (Sentencing) Act 2000 case.

Ratio Decidendi

The sentencing judge erred in limiting the discount for the early guilty plea to 20%; a greater discount could be applied as long as the sentence did not fall below 80% of the statutory minimum. The sentence was reduced accordingly.

Court Disposition

appeal allowed in part

Orders

  • Sentence of three years and two months' imprisonment quashed
  • Substituted sentence of two years and eight months' imprisonment