T, R. v

T, R. v

The sentencing judge erred in failing to reduce the sentence for the appellant's guilty plea; statutory and case law principles require a reduction except in narrowly defined exceptional cases, none of which applied here.

Parties
Prosecution: Regina; Appellant: T
Jurisdiction
England and Wales
Judgment Date
16 September 2011
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Detention and Training Orders, Reduction for Guilty Plea, Aggravating Factors
Criminal Law Sentencing Detention and Training Orders Reduction for Guilty Plea Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

T

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to reduce the sentence for a guilty plea
  2. 2 Whether the maximum detention and training order was justified given statutory constraints and aggravating factors

Ratio Decidendi

The sentencing judge erred in failing to reduce the sentence for the appellant's guilty plea; statutory and case law principles require a reduction except in narrowly defined exceptional cases, none of which applied here.

Court Disposition

appeal allowed

Orders

  • Sentence of 24 months detention and training order quashed
  • Substituted with 18 months detention and training order