Mitchell, R. v

Mitchell, R. v

Although the offences were serious and involved substantial sums and vulnerable victims, the sentence of seven years was excessive compared to established sentencing patterns for similar cases; a sentence of six years' imprisonment was appropriate.

Parties
Prosecutor: Regina; Appellant: Sam Mitchell
Jurisdiction
England and Wales
Judgment Date
31 January 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Obtaining Property by Deception, Sentencing, Elder Abuse
Criminal Law Obtaining Property by Deception Sentencing Elder Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

Sam Mitchell

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of seven years' imprisonment for obtaining property by deception was manifestly excessive

Ratio Decidendi

Although the offences were serious and involved substantial sums and vulnerable victims, the sentence of seven years was excessive compared to established sentencing patterns for similar cases; a sentence of six years' imprisonment was appropriate.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence of seven years on each count quashed
  • Sentence of six years on each count concurrent substituted