Carter & Ors, R. v (Sentencing Remarks) [2011] EW Misc 12 (CrownC) (16 August 2011)

Carter & Ors, R. v (Sentencing Remarks) [2011] EW Misc 12 (CrownC) (16 August 2011)

The context of mass disorder and collective criminality substantially aggravates the seriousness of the offences, justifying sentences above the usual guideline ranges to deter future conduct and mark the gravity of the harm caused to the community.

Citation
[2011] EW Misc 12 (CrownC)
Parties
Prosecution: The Queen; Defendant: Stephen Carter; Defendant: David Beswick; Defendant: Linda Mary Boyd; Defendant: Michael Gillespie-Doyle
Jurisdiction
England and Wales
Judgment Date
16 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Riot, Burglary, Arson, Robbery, Theft, Handling Stolen Goods, Assault on Emergency Workers, Violent Disorder, Affray, Sentencing Guidelines
Criminal Law Riot Burglary Arson Robbery Theft Handling Stolen Goods Assault on Emergency Workers +3 more

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Parties

The Queen

Prosecution

Stephen Carter

Defendant

David Beswick

Defendant

Linda Mary Boyd

Defendant

Michael Gillespie-Doyle

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for offences committed during large-scale public disorder
  2. 2 Application and departure from Sentencing Council guidelines in context of mass criminality
  3. 3 Aggravating factors arising from participation in collective criminal activity

Ratio Decidendi

The context of mass disorder and collective criminality substantially aggravates the seriousness of the offences, justifying sentences above the usual guideline ranges to deter future conduct and mark the gravity of the harm caused to the community.

Court Disposition

conviction and sentencing

Orders

  • Stephen Carter: 16 months imprisonment (discounted from 2 years for early guilty plea), 6 days served credited under s 240 Criminal Justice Act 2003.
  • David Beswick: 18 months imprisonment (discounted from 27 months for early guilty plea), 6 days served credited under s 240 Criminal Justice Act 2003.