Cunningham & Ors v R.

Cunningham & Ors v R.

The sentences imposed were manifestly excessive given the appellants' roles, mitigation, and precedent. Proper starting points should have been lower, with full credit for guilty pleas applied. The appeals against sentence are allowed and sentences reduced accordingly.

Source-derived case information.

Parties
Appellant: Terence Cunningham; Appellant: William Adams; Appellant: Terence James Cunningham; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Conspiracy to Blackmail, Sentencing, Mitigation, Credit for Guilty Plea, Director Disqualification, Serious Crime Prevention Order
Criminal Law Conspiracy to Blackmail Sentencing Mitigation Credit for Guilty Plea Director Disqualification Serious Crime Prevention Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Terence Cunningham

Appellant

William Adams

Appellant

Terence James Cunningham

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 whether sentences imposed for conspiracy to blackmail were manifestly excessive
  2. 2 proper starting point for sentencing given aggravating and mitigating factors
  3. 3 application of credit for guilty plea

Ratio Decidendi

The sentences imposed were manifestly excessive given the appellants' roles, mitigation, and precedent. Proper starting points should have been lower, with full credit for guilty pleas applied. The appeals against sentence are allowed and sentences reduced accordingly.

Court Disposition

appeals allowed in part

Orders

  • sentence of 8 years and 6 months for William Adams quashed and substituted with 6 years and 9 months
  • sentence of 8 years and 6 months for Terence Cunningham quashed and substituted with 6 years