R v Raymond Cummings

R v Raymond Cummings

The aggregate sentence imposed was manifestly excessive given the nature and number of offences and the application of the totality principle; the appropriate aggregate sentence before reduction for guilty pleas should have been 4½ years, resulting in 3 years after one-third discount. The Crown Court lacked jurisdiction to sentence for the low-value shoplifting offence, which remains in the Magistrates’ Court.

Parties
Respondent: Rex; Appellant: Raymond Cummings
Jurisdiction
England and Wales
Judgment Date
22 April 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Burglary, Theft, Fraud, Handling Stolen Goods, Shoplifting, Totality Principle, Magistrates’ Courts Act 1980
Criminal Law Sentencing Burglary Theft Fraud Handling Stolen Goods Shoplifting Totality Principle +1 more

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Parties

Rex

Respondent

Raymond Cummings

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence imposed was manifestly excessive
  2. 2 Whether the Crown Court had jurisdiction to sentence for low-value shoplifting
  3. 3 Application of sentencing guidelines and totality principle

Ratio Decidendi

The aggregate sentence imposed was manifestly excessive given the nature and number of offences and the application of the totality principle; the appropriate aggregate sentence before reduction for guilty pleas should have been 4½ years, resulting in 3 years after one-third discount. The Crown Court lacked jurisdiction to sentence for the low-value shoplifting offence, which remains in the Magistrates’ Court.

Court Disposition

appeal allowed in part

Orders

  • Quash sentence of 2 years 6 months on count 1 of indictment URN55CH053123 and substitute 2 years consecutive.
  • Quash sentences of 1 year 6 months on counts 2-5 and 12 of URN55CH0531123 and count 4 of URN55CH0415023 and substitute 1 year each.