Bailey, R. v [2023] EWCA Crim 1542 (06 December 2023)

Bailey, R. v [2023] EWCA Crim 1542 (06 December 2023)

The sentencing judge erred by not applying a discernible reduction for totality, resulting in a manifestly excessive sentence. The Court of Appeal re-sentenced the appellant to 10 months' imprisonment on each count, to run consecutively, totaling 30 months, reflecting both aggravating and mitigating factors and the totality principle.

Citation
[2023] EWCA Crim 1542
Parties
Prosecution: Rex; Appellant: Terrence David Bailey
Jurisdiction
England and Wales
Judgment Date
06 December 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Burglary, Totality Principle, Mitigation
Criminal Law Sentencing Burglary Totality Principle Mitigation

Case Brief

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Parties

Rex

Prosecution

Terrence David Bailey

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge failed to properly apply the totality principle
  2. 2 Whether sufficient reduction was made for personal mitigation

Ratio Decidendi

The sentencing judge erred by not applying a discernible reduction for totality, resulting in a manifestly excessive sentence. The Court of Appeal re-sentenced the appellant to 10 months' imprisonment on each count, to run consecutively, totaling 30 months, reflecting both aggravating and mitigating factors and the totality principle.

Court Disposition

appeal allowed; sentence quashed and substituted

Orders

  • Original sentence of 42 months' imprisonment quashed
  • Appellant re-sentenced to 10 months' imprisonment on each count, to run consecutively, totaling 30 months