Goodings, R. v [2012] EWCA Crim 2586 (26 October 2012)

Goodings, R. v [2012] EWCA Crim 2586 (26 October 2012)

The sentencing judge erred in principle by sentencing the applicant on the basis of facts relevant to section 4 of the Identity Documents Act 2010, when the applicant had pleaded guilty only to the lesser offence under section 6. The sentence must reflect the offence actually admitted, not a more serious one for which the prosecution did not proceed.

Citation
[2012] EWCA Crim 2586
Parties
Prosecution: Regina; Applicant: Roderick Goodings
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Identity Documents, Sentencing, Possession of False Documents
Criminal Law Identity Documents Sentencing Possession of False Documents

Case Brief

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Parties

Regina

Prosecution

Roderick Goodings

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by taking into account factors relevant to a more serious offence than that to which the applicant pleaded guilty
  2. 2 What is the appropriate sentence for possession of another's identity document without reasonable excuse under section 6 of the Identity Documents Act 2010

Ratio Decidendi

The sentencing judge erred in principle by sentencing the applicant on the basis of facts relevant to section 4 of the Identity Documents Act 2010, when the applicant had pleaded guilty only to the lesser offence under section 6. The sentence must reflect the offence actually admitted, not a more serious one for which the prosecution did not proceed.

Court Disposition

appeal allowed in part

Orders

  • sentence of six months' imprisonment quashed
  • substituted sentence of two months' imprisonment imposed