Moore, R. v

Moore, R. v

The sentence imposed was excessive given the lower value of damage and the appellant's guilty pleas; a starting point closer to 2 years was appropriate. The Anti-social Behaviour Order was not justified as the threshold conditions were not met.

Source-derived case information.

Parties
Applicant: Samuel George Moore; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 April 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Criminal Damage, Anti Social Behaviour Order
Criminal Law Sentencing Criminal Damage Anti Social Behaviour Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel George Moore

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for criminal damage was excessive
  2. 2 Whether the Anti-social Behaviour Order was properly made and proportionate

Ratio Decidendi

The sentence imposed was excessive given the lower value of damage and the appellant's guilty pleas; a starting point closer to 2 years was appropriate. The Anti-social Behaviour Order was not justified as the threshold conditions were not met.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 2 years' imprisonment quashed and substituted with 18 months on each count
  • Two month suspended sentence activated and to be served consecutively