Morgan, R. v [2012] EWCA Crim 1939 (24 August 2012)

Morgan, R. v [2012] EWCA Crim 1939 (24 August 2012)

The Crown Court exceeded its sentencing powers for the substantive offence of theft due to the committal route under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000, which limited its powers to those of the Magistrates' Court. The sentence was also manifestly excessive compared to the co-accused....

Source-derived case information.

Citation
[2012] EWCA Crim 1939
Parties
Applicant: Stuart Anthony Royston Morgan; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
24 August 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing Powers, Breach of Suspended Sentence, Committal Procedure, Disparity in Sentencing
Criminal Law Sentencing Powers Breach of Suspended Sentence Committal Procedure Disparity in Sentencing

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Parties

Stuart Anthony Royston Morgan

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Crown Court exceeded its sentencing powers for the substantive offence of theft due to the committal route from the Magistrates' Court
  2. 2 Whether the sentence imposed was manifestly excessive and disproportionate compared to the co-accused

Ratio Decidendi

The Crown Court exceeded its sentencing powers for the substantive offence of theft due to the committal route under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000, which limited its powers to those of the Magistrates' Court. The sentence was also manifestly excessive compared to the co-accused. The appropriate sentence was 4 months' imprisonment for theft, to run consecutively to 6 months for breach of suspended sentence.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 9 months' imprisonment for theft quashed and substituted with 4 months' imprisonment.
  • 4 months' imprisonment to run consecutively to 6 months for breach of suspended sentence, totaling 10 months.