McGuiness, R v

McGuiness, R v

Section 7(1) of the Powers of Criminal Courts (Sentencing) Act 2000 does not limit the Crown Court's power to make consecutive sentences for summary offences and either way offences committed for sentence; the judge was entitled to pass the sentences imposed.

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
renewed application dismissed
Legal Topics
Sentencing Powers, Consecutive Sentences, Committal for Sentence, Summary Offences, Either Way Offences
Criminal Law Sentencing 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, exceeding magistrates' sentencing limits

Ratio Decidendi

Section 7(1) of the Powers of Criminal Courts (Sentencing) Act 2000 does not limit the Crown Court's power to make consecutive sentences for summary offences and either way offences committed for sentence; the judge was entitled to pass the sentences imposed.

Court Disposition

renewed application dismissed

Orders

  • judge's sentences confirmed