REGINA v SIMON PETER MORRISEY

REGINA v SIMON PETER MORRISEY

The appellant was entitled to a one-third reduction in sentence for a guilty plea entered at the first stage of proceedings, and the sentencing judge erred in principle by reducing the credit due to the strength of the evidence.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Simon Peter Morrisey
Jurisdiction
England and Wales
Judgment Date
02 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Credit for Guilty Plea, Attempted Burglary
Criminal Law Sentencing Credit for Guilty Plea Attempted Burglary

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Parties

Regina

Respondent

Simon Peter Morrisey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give sufficient credit for the appellant's guilty plea

Ratio Decidendi

The appellant was entitled to a one-third reduction in sentence for a guilty plea entered at the first stage of proceedings, and the sentencing judge erred in principle by reducing the credit due to the strength of the evidence.

Court Disposition

appeal allowed

Orders

  • Sentence of 12 months' imprisonment quashed and substituted with 11 months' imprisonment for attempted burglary
  • All other elements of the sentences, including activation of suspended sentences, remain in place