Debenham, R. v

Debenham, R. v

The sentences of three years' imprisonment for breaches of Anti-Social Behaviour Orders were excessive given the appellant's guilty pleas, the nature of the conduct, and relevant authorities; sentences should be reduced to 18 months' imprisonment.

Parties
Prosecution: Regina; Appellant: Michael Lawrence Debenham
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Breach of Anti Social Behaviour Order, Theft, Suspended Sentence
Criminal Law Sentencing Breach of Anti Social Behaviour Order Theft Suspended Sentence

Case Brief

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Parties

Regina

Prosecution

Michael Lawrence Debenham

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentences imposed for breaches of Anti-Social Behaviour Orders and theft were excessive
  2. 2 Whether sufficient credit was given for guilty pleas
  3. 3 Whether the starting point for sentencing was appropriate given the conduct

Ratio Decidendi

The sentences of three years' imprisonment for breaches of Anti-Social Behaviour Orders were excessive given the appellant's guilty pleas, the nature of the conduct, and relevant authorities; sentences should be reduced to 18 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentences of three years' imprisonment for breaches of Anti-Social Behaviour Orders substituted with 18 months' imprisonment.
  • Sentence of six months' imprisonment for theft to stand.