Simpson, R v [2018] EWCA Crim 1508 (09 May 2018)

Simpson, R v [2018] EWCA Crim 1508 (09 May 2018)

The judge erred in placing the burglary offences in category 1; the correct categorisation was category 2, with an uplift for multiple offences and mitigation for first-time offending, remorse, and recovery of property. The consecutive sentence for taking a motor vehicle was excessive and should be reduced. The driving disqualification must be adjusted to reflect the actual period post-custody.

Citation
[2018] EWCA Crim 1508
Parties
Prosecution: Regina; Appellant: Stephen Simpson
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Burglary, Sentencing, Taking a Motor Vehicle Without Consent, Driving Disqualification, Mitigation, Guilty Plea Credit
Criminal Law Burglary Sentencing Taking a Motor Vehicle Without Consent Driving Disqualification Mitigation Guilty Plea Credit

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Parties

Regina

Prosecution

Stephen Simpson

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the burglary offences as category 1 under the sentencing guidelines
  2. 2 Whether the consecutive sentence for taking a motor vehicle without consent was excessive
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The judge erred in placing the burglary offences in category 1; the correct categorisation was category 2, with an uplift for multiple offences and mitigation for first-time offending, remorse, and recovery of property. The consecutive sentence for taking a motor vehicle was excessive and should be reduced. The driving disqualification must be adjusted to reflect the actual period post-custody.

Court Disposition

Appeal allowed in part

Orders

  • Quash sentence of two years and four months' detention
  • Substitute concurrent sentences of 16 months' detention for each burglary