Tongue & Anor, R. v

Tongue & Anor, R. v

The sentences imposed exceeded the appropriate range set by the Sentencing Guidelines Council, especially given the appellants' guilty pleas and personal mitigation. Aggravating factors justified significant sentences, but the totality principle and the need for consistency with the guidelines required reduction. The sentences were therefore reduced to six years for Tongue and four years for Doyle, with appropriate deductions for time on remand.

Parties
Prosecutor: Regina; Appellant: Ross Tongue; Appellant: Christopher Michael Doyle
Jurisdiction
England and Wales
Judgment Date
26 February 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed in part; sentences reduced
Legal Topics
Robbery, Burglary, Sentencing, Offensive Weapon, Appeal Against Sentence
Criminal Law Robbery Burglary Sentencing Offensive Weapon Appeal Against Sentence

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Parties

Regina

Prosecutor

Ross Tongue

Appellant

Christopher Michael Doyle

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants for robbery, burglary, and related offences were manifestly excessive in light of the Sentencing Guidelines Council's guidance and mitigating/aggravating factors.

Ratio Decidendi

The sentences imposed exceeded the appropriate range set by the Sentencing Guidelines Council, especially given the appellants' guilty pleas and personal mitigation. Aggravating factors justified significant sentences, but the totality principle and the need for consistency with the guidelines required reduction. The sentences were therefore reduced to six years for Tongue and four years for Doyle, with appropriate deductions for time on remand.

Court Disposition

appeals allowed in part; sentences reduced

Orders

  • Tongue: total sentence reduced from eight years to six years' detention in a Young Offender Institution, with deduction for time on remand.
  • Doyle: total sentence reduced from five years to four years' imprisonment, with deduction for time on remand.