Symes, R. v [2021] EWCA Crim 1628 (13 October 2021)

Symes, R. v [2021] EWCA Crim 1628 (13 October 2021)

The sentence imposed failed to fully deduct the earlier sentence served for offences included within the conspiracy, resulting in an effective sentence exceeding the statutory maximum. The correct approach was to deduct the full earlier sentence before applying credit for plea, leading to a just and proportionate sentence under the totality principle.

Citation
[2021] EWCA Crim 1628
Parties
Prosecution: Regina; Appellant: Patrick Symes
Jurisdiction
England and Wales
Judgment Date
13 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Conspiracy to Commit Burglary, Totality Principle, Disparity in Sentencing
Criminal Law Sentencing Conspiracy to Commit Burglary Totality Principle Disparity in Sentencing

Case Brief

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Parties

Regina

Prosecution

Patrick Symes

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether there was unfair disparity between sentences of co-defendants
  3. 3 Whether the principle of totality was properly applied

Ratio Decidendi

The sentence imposed failed to fully deduct the earlier sentence served for offences included within the conspiracy, resulting in an effective sentence exceeding the statutory maximum. The correct approach was to deduct the full earlier sentence before applying credit for plea, leading to a just and proportionate sentence under the totality principle.

Court Disposition

appeal allowed

Orders

  • Sentence of 10 years' imprisonment quashed
  • Substitute sentence of 9 years' imprisonment imposed