Mitchell, R. v [2006] EWCA Crim 244 (31 January 2006)

Mitchell, R. v [2006] EWCA Crim 244 (31 January 2006)

Although the offences were serious, mean, and sustained, involving large 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 is appropriate.

Citation
[2006] EWCA Crim 244
Parties
Respondent: Regina; Appellant: Sam Mitchell
Jurisdiction
England and Wales
Judgment Date
31 January 2006
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Obtaining Property by Deception, Sentencing, Elder Abuse, Dishonesty Offences
Criminal Law Obtaining Property by Deception Sentencing Elder Abuse Dishonesty Offences

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Parties

Regina

Respondent

Sam Mitchell

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of seven years' imprisonment for obtaining property by deception was manifestly excessive given the facts and sentencing precedents.

Ratio Decidendi

Although the offences were serious, mean, and sustained, involving large 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 is appropriate.

Court Disposition

appeal allowed in part

Orders

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