Hunt, R. v

The sentence for burglary was excessive and should be reduced to 12 months. The order for return to custody should allow for time spent in custody following administrative recall, with 102 days deducted from the outstanding period, resulting in 78 days to be served. The total sentence, as varied, properly reflects the extent of offending.

Parties: Prosecution: Regina; Appellant: Richard Charles Hunt
Jurisdiction: England and Wales
Judgment Date: 20 June 2006
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Sentencing, Burglary, Theft, Dangerous Driving, Recall to Prison, Administrative Recall, Consecutive Sentences

Criminal Law Sentencing Burglary Theft Dangerous Driving Recall to Prison Administrative Recall Consecutive Sentences

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 7

Parties

Regina

Prosecution

Richard Charles Hunt

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether the sentence for burglary was excessive
2 Whether the order returning the appellant to custody to serve the outstanding part of his previous sentence was correct in law
3 Whether the total sentence imposed was manifestly excessive

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Sentence for burglary reduced to 12 months' imprisonment
Order for return to custody varied: appellant to serve 78 days of the outstanding period of previous sentence before starting new sentence