McGuiness, R. v [2003] EWCA Crim 419 (10 February 2003)

McGuiness, R. v [2003] EWCA Crim 419 (10 February 2003)

The Crown Court is entitled to make a sentence for a summary offence committed for sentence under section 6 consecutive to a sentence for an either way offence committed for sentence under section 3, even if the total exceeds the magistrates' sentencing powers under section 133 of the Magistrates' Courts Act 1980.

Citation
[2003] EWCA Crim 419
Parties
Prosecution: Regina; Appellant: Richard Thomas McGuiness
Jurisdiction
England and Wales
Judgment Date
10 February 2003
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal
Outcome
application dismissed
Legal Topics
Sentencing Powers, Consecutive Sentences, Committal for Sentence, Summary Offences, Either Way Offences
Criminal Law Sentencing Powers Consecutive Sentences Committal for Sentence Summary Offences Either Way Offences

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Parties

Regina

Prosecution

Richard Thomas McGuiness

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Crown Court can order that a sentence for a summary offence be served consecutively to a sentence for an either way offence when the total exceeds the magistrates' sentencing powers under section 133 of the Magistrates' Courts Act 1980

Ratio Decidendi

The Crown Court is entitled to make a sentence for a summary offence committed for sentence under section 6 consecutive to a sentence for an either way offence committed for sentence under section 3, even if the total exceeds the magistrates' sentencing powers under section 133 of the Magistrates' Courts Act 1980.

Court Disposition

application dismissed