Manion, R. v [2011] EWCA Crim 234 (02 February 2011)

Manion, R. v [2011] EWCA Crim 234 (02 February 2011)

The starting point for sentence was too high given the facts and pleas; appropriate starting point is two years' imprisonment, with a 10% reduction for guilty plea entered at trial, resulting in 22 months' imprisonment on each count concurrent for both appellants; in Kershaw's case, sentence to run consecutively to existing sentences.

Citation
[2011] EWCA Crim 234
Parties
Prosecution: Regina; Appellant: Peter David Manion; Appellant: Wayne Mark Kershaw
Jurisdiction
England and Wales
Judgment Date
02 February 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeals allowed in part; sentences reduced
Legal Topics
Theft, Sentencing, Credit for Guilty Plea, Deterrence, Totality Principle
Criminal Law Theft Sentencing Credit for Guilty Plea Deterrence Totality Principle

Case Brief

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Parties

Regina

Prosecution

Peter David Manion

Appellant

Wayne Mark Kershaw

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentences imposed for theft of railway signalling cable were manifestly excessive
  2. 2 Whether sufficient credit was given for guilty pleas
  3. 3 Whether deterrence and local prevalence were over-emphasised contrary to sentencing guidelines

Ratio Decidendi

The starting point for sentence was too high given the facts and pleas; appropriate starting point is two years' imprisonment, with a 10% reduction for guilty plea entered at trial, resulting in 22 months' imprisonment on each count concurrent for both appellants; in Kershaw's case, sentence to run consecutively to existing sentences.

Court Disposition

appeals allowed in part; sentences reduced

Orders

  • Sentences of three years' imprisonment on each count quashed and substituted with 22 months' imprisonment on each count concurrent for both appellants.
  • In Kershaw's case, 22 months' sentence to run consecutively to existing sentences.