De Weever, R v

De Weever, R v

The Recorder erred in classifying the victim as vulnerable under the guidelines; however, the combination of aggravating features—planning, professionalism, use of force, high inconvenience, and poor response to previous sentences—justified moving the sentence to the top of the higher bracket. After applying credit...

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Rawle De Weever
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Theft From the Person, Sentencing Guidelines, Aggravating and Mitigating Factors, Vulnerable Victim, Credit for Guilty Plea
Criminal Law Theft From the Person Sentencing Guidelines Aggravating and Mitigating Factors Vulnerable Victim Credit for Guilty Plea

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Rawle De Weever

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the victim was correctly classified as vulnerable under the sentencing guidelines
  3. 3 Appropriate starting point and range for sentence given the facts and aggravating features

Ratio Decidendi

The Recorder erred in classifying the victim as vulnerable under the guidelines; however, the combination of aggravating features—planning, professionalism, use of force, high inconvenience, and poor response to previous sentences—justified moving the sentence to the top of the higher bracket. After applying credit for the late guilty plea, the appropriate sentence was 10 months' imprisonment, less time on remand.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence reduced to 10 months' imprisonment, less 132 days spent on remand