Hewitt, R. v

Hewitt, R. v

The judge activating the suspended sentence erred in failing to give credit for time spent on remand, as there was no clear evidence that the sentencing judge had already taken it into account; the sentence for obstructing a police officer exceeded the statutory maximum; the aggregate sentence for summary offences exceeded the statutory maximum; sentences for assaults were not excessive given the appellant's antecedents.

Parties
Applicant: Steven Jon Hewitt; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Suspended Sentence Activation, Credit for Time on Remand, Assaulting Police Officer, Criminal Damage, Obstructing Police Officer
Criminal Law Sentencing Suspended Sentence Activation Credit for Time on Remand Assaulting Police Officer Criminal Damage Obstructing Police Officer

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Parties

Steven Jon Hewitt

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether credit for time spent on remand should be given when activating a suspended sentence
  2. 2 Lawfulness of sentence for obstructing a police officer
  3. 3 Maximum aggregate sentence for offences committed under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The judge activating the suspended sentence erred in failing to give credit for time spent on remand, as there was no clear evidence that the sentencing judge had already taken it into account; the sentence for obstructing a police officer exceeded the statutory maximum; the aggregate sentence for summary offences exceeded the statutory maximum; sentences for assaults were not excessive given the appellant's antecedents.

Court Disposition

appeal allowed in part

Orders

  • 10 months of the original 12 months suspended sentence activated, with 204 days spent on remand to count towards that sentence
  • Two charges of assaulting a police constable on 3 October 2010: 3 months' imprisonment concurrent with each other, consecutive to the suspended sentence