Delaney, R v

Delaney, R v

The sentences imposed were excessive in aggregate, though consecutive sentences were justified; the total sentence should be reduced to 10 years to reflect the principle of totality.

Source-derived case information.

Parties
Prosecution: Regina; Applicant: Shane Peter Delaney
Jurisdiction
England and Wales
Judgment Date
16 April 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Burglary, Taking Vehicles Without Consent, Sentencing, Ram Raid Offences, Totality Principle
Criminal Law Burglary Taking Vehicles Without Consent Sentencing Ram Raid Offences Totality Principle

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Shane Peter Delaney

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether consecutive sentences for two ram-raid burglaries were appropriate
  2. 2 Whether the total sentence of 12 years was excessive under the principle of totality

Ratio Decidendi

The sentences imposed were excessive in aggregate, though consecutive sentences were justified; the total sentence should be reduced to 10 years to reflect the principle of totality.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 4 years and 8 years quashed and substituted with 3 years and 7 years, to run consecutively
  • Total sentence reduced to 10 years' imprisonment