R v Simmonds

R v Simmonds

The offences on the indictment refer only to burglary, not theft. Conspiracy to commit burglary and encouraging or assisting burglary must be classified as class E offences under the Regulations. There is no basis for reclassification to class K based on value or background facts not charged.

Parties
Appellant: Sternberg Reed LLP; Defendant: Katie Simmonds; Respondent: R
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Offence Classification, Criminal Legal Aid Remuneration, Conspiracy, Burglary, Encouraging or Assisting Crime
Criminal Law Legal Aid Offence Classification Criminal Legal Aid Remuneration Conspiracy Burglary Encouraging or Assisting Crime

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Parties

Sternberg Reed LLP

Appellant

Katie Simmonds

Defendant

R

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 How should the offences on the indictment be classified for purposes of the Litigators’ Graduated Fee Scheme under the Criminal Legal Aid (Remuneration) Regulations 2013?
  2. 2 Is there a basis to reclassify conspiracy to commit burglary or encouraging/assisting burglary as a class K offence based on the value involved?

Ratio Decidendi

The offences on the indictment refer only to burglary, not theft. Conspiracy to commit burglary and encouraging or assisting burglary must be classified as class E offences under the Regulations. There is no basis for reclassification to class K based on value or background facts not charged.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; offences classified as class E for LGFS purposes.