Waller, R v

Waller, R v

The judge erred by taking too high a starting point for the minimum term, resulting in a manifestly excessive sentence. The appropriate starting point was nine years, reduced by one-third for the guilty plea, then halved, with an additional 60 days for the period remaining on licence, resulting in a minimum period of three years and 60 days, less time spent on remand.

Parties
Prosecutor: Regina; Appellant: Sebastian Waller
Jurisdiction
England and Wales
Judgment Date
19 May 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Robbery, Imprisonment for Public Protection, Minimum Term Calculation
Criminal Law Sentencing Robbery Imprisonment for Public Protection Minimum Term Calculation

Case Brief

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Parties

Regina

Prosecutor

Sebastian Waller

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term imposed for imprisonment for public protection was manifestly excessive
  2. 2 Proper application of sentencing guidelines for robbery with previous convictions and offending on licence

Ratio Decidendi

The judge erred by taking too high a starting point for the minimum term, resulting in a manifestly excessive sentence. The appropriate starting point was nine years, reduced by one-third for the guilty plea, then halved, with an additional 60 days for the period remaining on licence, resulting in a minimum period of three years and 60 days, less time spent on remand.

Court Disposition

appeal allowed in part

Orders

  • Minimum period of four years quashed and substituted with a minimum period of three years and 60 days, less 81 days spent on remand, resulting in a minimum period of two years 344 days before eligibility for release on licence.
  • Sentence remains an indefinite sentence of imprisonment for public protection.