Smith, R v [2008] EWCA Crim 2276 (03 September 2008)

Smith, R v [2008] EWCA Crim 2276 (03 September 2008)

The sentencing judge took too high a starting point and failed to give reasons for departing from the Sentencing Guidelines; a sentence of 12 months, after credit for a late guilty plea, is appropriate in light of the aggravating and mitigating factors.

Citation
[2008] EWCA Crim 2276
Parties
Prosecution: Regina; Appellant: Roy Anthony Smith
Jurisdiction
England and Wales
Judgment Date
03 September 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; sentence reduced
Legal Topics
Breach of Restraining Order, Sentencing, Aggravating and Mitigating Factors, Appeal Against Sentence
Criminal Law Breach of Restraining Order Sentencing Aggravating and Mitigating Factors Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Roy Anthony Smith

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed for breach of a restraining order was manifestly excessive
  2. 2 Whether the sentencing judge failed to follow the Sentencing Guidelines Council's definitive guidelines

Ratio Decidendi

The sentencing judge took too high a starting point and failed to give reasons for departing from the Sentencing Guidelines; a sentence of 12 months, after credit for a late guilty plea, is appropriate in light of the aggravating and mitigating factors.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Sentence of 21 months' imprisonment quashed
  • Substitute sentence of 12 months' imprisonment imposed