Myers, R. v

Myers, R. v

The eight-year sentences were manifestly excessive given the absence of violence or threat; the appropriate sentence after trial, considering aggravating features and guidance from Saw and Others, is six-and-a-half years concurrent.

Parties
Prosecution: Regina; Applicant: Michael Myers
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Burglary, Distraction Burglary, Appeal Procedure
Criminal Law Sentencing Burglary Distraction Burglary Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Michael Myers

Applicant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of eight years' imprisonment for two distraction burglaries was manifestly excessive

Ratio Decidendi

The eight-year sentences were manifestly excessive given the absence of violence or threat; the appropriate sentence after trial, considering aggravating features and guidance from Saw and Others, is six-and-a-half years concurrent.

Court Disposition

appeal allowed in part

Orders

  • Sentences of eight years' imprisonment quashed.
  • Substituted sentences of six-and-a-half years' imprisonment to run concurrently.