Hunter-Smith, R. v [2022] EWCA Crim 1733 (23 November 2022)

Hunter-Smith, R. v [2022] EWCA Crim 1733 (23 November 2022)

The sentences imposed, including the uplift for aggravating features and the application of the totality principle, were justified and proportionate given the seriousness of the offences, the appellant's criminal history, and the lack of mitigation. The Recorder properly applied the relevant guidelines and reductions.

Citation
[2022] EWCA Crim 1733
Parties
Prosecution: Rex; Appellant: Richard Hunter-Smith
Jurisdiction
England and Wales
Judgment Date
23 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Aggravated Burglary, Grievous Bodily Harm With Intent, Totality Principle, Consecutive Sentences
Criminal Law Sentencing Aggravated Burglary Grievous Bodily Harm With Intent Totality Principle Consecutive Sentences

Case Brief

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Parties

Rex

Prosecution

Richard Hunter-Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the notional sentence for the section 18 offence was excessive
  2. 2 Whether the total sentence failed to properly reflect the principle of totality

Ratio Decidendi

The sentences imposed, including the uplift for aggravating features and the application of the totality principle, were justified and proportionate given the seriousness of the offences, the appellant's criminal history, and the lack of mitigation. The Recorder properly applied the relevant guidelines and reductions.

Court Disposition

appeal dismissed

Orders

  • Sentence of 21 years' imprisonment upheld
  • Driving disqualification for 16 years and until extended retest passed upheld