Smalley, R. v

Smalley, R. v

The sentence of two and a half years' detention was excessive given the appellant's age and immediate admission of guilt; the appropriate sentence is 18 months' detention with consecutive sentences for Bail Act offences and credit for 45 days spent on remand.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Oz Smalley
Jurisdiction
England and Wales
Judgment Date
02 July 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence reduced
Legal Topics
Sentencing, Burglary, Breach of Community Order, Bail Act Offences, Remand Credit
Criminal Law Sentencing Burglary Breach of Community Order Bail Act Offences Remand Credit

Source-derived case record

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Oz Smalley

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of two and a half years' detention for burglary was excessive
  2. 2 Whether credit for time spent on remand should have been given under section 240 of the Criminal Justice Act 2003

Ratio Decidendi

The sentence of two and a half years' detention was excessive given the appellant's age and immediate admission of guilt; the appropriate sentence is 18 months' detention with consecutive sentences for Bail Act offences and credit for 45 days spent on remand.

Court Disposition

sentence reduced

Orders

  • The sentence for burglary is reduced to 18 months' detention.
  • Sentences for Bail Act offences to be served consecutively to the 18 months' detention.