Manion, R. v

Manion, R. v

The starting point for sentencing was too high given the circumstances and late guilty pleas; appropriate starting point is two years' imprisonment with a 10% reduction for guilty plea, resulting in 22 months' imprisonment on each count concurrently.

Parties
Prosecution: Regina; Appellant: Peter David Manion; Appellant: Wayne Mark Kershaw
Jurisdiction
England and Wales
Judgment Date
02 February 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeals allowed in part
Legal Topics
Theft, Sentencing, Deterrence, Credit for Guilty Plea, Totality Principle
Criminal Law Theft Sentencing Deterrence Credit for Guilty Plea Totality Principle

Case Brief

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Parties

Regina

Prosecution

Peter David Manion

Appellant

Wayne Mark Kershaw

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the starting point for sentencing was too high given the circumstances of the offences and pleas
  2. 2 Whether sufficient credit was given for guilty pleas
  3. 3 Whether deterrence and local prevalence were over-emphasised in sentencing

Ratio Decidendi

The starting point for sentencing was too high given the circumstances and late guilty pleas; appropriate starting point is two years' imprisonment with a 10% reduction for guilty plea, resulting in 22 months' imprisonment on each count concurrently.

Court Disposition

appeals allowed in part

Orders

  • Sentences reduced to 22 months' imprisonment on each count, to be served concurrently for each appellant.
  • In Kershaw's case, sentence to run consecutively to sentences already being served.