R v Shane Smith

R v Shane Smith

The overall sentence of 11 years' imprisonment, structured as concurrent and consecutive terms for burglary, robbery, and aggravated vehicle taking/dangerous driving, was not disproportionate or unjust given the seriousness, multiplicity, and distinctiveness of the offences and the appellant's prolific criminal record. The sentencing judge did not err in principle or in application of the Totality guideline. However, the driving disqualification order was unlawfully structured and must be amended to comply with statutory requirements and relevant case law.

Parties
Prosecution: Rex; Appellant: Shane Smith
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Totality Principle, Burglary, Robbery, Aggravated Vehicle Taking, Dangerous Driving, Driving Disqualification
Criminal Law Sentencing Totality Principle Burglary Robbery Aggravated Vehicle Taking Dangerous Driving Driving Disqualification

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Parties

Rex

Prosecution

Shane Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge misapplied the Totality guideline resulting in a manifestly excessive sentence
  2. 2 Whether the structuring of consecutive and concurrent sentences was appropriate
  3. 3 Whether the driving disqualification order was lawfully structured

Ratio Decidendi

The overall sentence of 11 years' imprisonment, structured as concurrent and consecutive terms for burglary, robbery, and aggravated vehicle taking/dangerous driving, was not disproportionate or unjust given the seriousness, multiplicity, and distinctiveness of the offences and the appellant's prolific criminal record. The sentencing judge did not err in principle or in application of the Totality guideline. However, the driving disqualification order was unlawfully structured and must be amended to comply with statutory requirements and relevant case law.

Court Disposition

appeal dismissed

Orders

  • Crown Court record to be amended to delete references to the requirement to pass an extended driving test under section 36 of the Road Traffic Offenders Act 1988
  • Driving disqualification to be restructured as 10 years and 6 months, comprising 5 years discretionary disqualification, 6 months extension under section 35A, and a 5-year adjustment under section 35B