Forbes, R. v [2024] EWCA Crim 971 (13 August 2024)

The sentencing judge did not err in the uplift for assault on an emergency worker or in categorising the bladed article offences, but erred in categorising the going equipped offence as high culpability for domestic burglary when the admitted conduct was theft from cars. The sentence for going equipped was reduced accordingly, but the total sentence of 24 months' imprisonment remains appropriate and proportionate.

Citation: [2024] EWCA Crim 971
Parties: Prosecution: Rex; Appellant: Michael Forbes
Jurisdiction: England and Wales
Judgment Date: 13 August 2024
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Sentencing, Assault on Emergency Worker, Going Equipped for Theft, Possession of Bladed Article, Possession of Drugs, Totality Principle

Criminal Law Sentencing Assault on Emergency Worker Going Equipped for Theft Possession of Bladed Article Possession of Drugs Totality Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 8

Parties

Rex

Prosecution

Michael Forbes

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed was manifestly excessive
2 Proper application of sentencing guidelines for assault on emergency worker
3 Correct categorisation and sentencing for going equipped for theft

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Sentence of nine months' imprisonment on count 3 (going equipped) quashed and substituted with five months concurrent
Other sentences unaffected