Morgan, R. v

Morgan, R. v

The Crown Court exceeded its sentencing powers by imposing a 9-month sentence for theft following a section 6 committal, as its powers were limited to those of the Magistrates' Court. The proper sentence should not exceed the Magistrates' Court's maximum. The disparity with the co-accused's sentence further...

Source-derived case information.

Parties
Applicant: Stuart Anthony Royston Morgan; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
24 August 2012
Procedural Posture
Criminal Appeal / Judgment on 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 / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the Crown Court exceeded its sentencing powers in imposing a 9-month sentence for theft following committal from the Magistrates' Court under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000
  2. 2 Whether there was manifest disparity between the applicant's sentence and that of his co-accused
  3. 3 Whether the committal procedure used was correct and its effect on sentencing powers

Ratio Decidendi

The Crown Court exceeded its sentencing powers by imposing a 9-month sentence for theft following a section 6 committal, as its powers were limited to those of the Magistrates' Court. The proper sentence should not exceed the Magistrates' Court's maximum. The disparity with the co-accused's sentence further supported reduction.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 9 months' imprisonment for theft quashed and substituted with 4 months' imprisonment, to run consecutively to the 6 months for breach of suspended sentence, totaling 10 months' imprisonment.
  • 112 days already served to count towards the total sentence.