Boyton, R v

Boyton, R v

The sentence was reduced to avoid double penalty, as the applicant had already been penalised through prison adjudication for the same conduct, which the sentencing judge failed to consider.

Parties
Prosecutor: Regina; Applicant: Shane Boyton
Jurisdiction
England and Wales
Judgment Date
03 June 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Conveyance of Prohibited Articles Into Prison, Sentencing, Double Jeopardy, Mitigation
Criminal Law Conveyance of Prohibited Articles Into Prison Sentencing Double Jeopardy Mitigation

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Parties

Regina

Prosecutor

Shane Boyton

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 6 months' imprisonment for conveyance of a prohibited article into prison was manifestly excessive
  2. 2 Whether sufficient credit was given for the guilty plea
  3. 3 Whether the sentencing judge failed to consider mitigation and the adjudication penalty already imposed

Ratio Decidendi

The sentence was reduced to avoid double penalty, as the applicant had already been penalised through prison adjudication for the same conduct, which the sentencing judge failed to consider.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Leave to appeal granted
  • Sentence of 6 months' imprisonment substituted with 25 weeks' imprisonment