R v Terry Butt & Anor

R v Terry Butt & Anor

Procedural or recording errors in the magistrates’ court’s sending or committal process do not deprive the Crown Court of jurisdiction if the underlying order was validly made and the statutory requirements were complied with. The actual proceedings and powers exercised by the magistrates’ court are determinative, not the accuracy of the sending sheet or record. Sentences imposed were not manifestly excessive except for the extended licence period in Jenkins, which exceeded the statutory maximum.

Parties
Respondent: Rex; Appellant: Terry Butt; Appellant: David John Jenkins
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed in part, allowed in part
Legal Topics
Committal for Sentence, Sending for Trial, Magistrates’ Court Errors, Jurisdiction of Crown Court, Dangerous Driving, Wounding With Intent, Rectification of Mistakes
Criminal Law Criminal Procedure Committal for Sentence Sending for Trial Magistrates’ Court Errors Jurisdiction of Crown Court Dangerous Driving Wounding With Intent +1 more

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Parties

Rex

Respondent

Terry Butt

Appellant

David John Jenkins

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether procedural errors in sending/committal from magistrates’ court to Crown Court deprive the Crown Court of jurisdiction
  2. 2 Whether errors in the sending sheet or record invalidate subsequent proceedings
  3. 3 Whether sentences imposed were manifestly excessive

Ratio Decidendi

Procedural or recording errors in the magistrates’ court’s sending or committal process do not deprive the Crown Court of jurisdiction if the underlying order was validly made and the statutory requirements were complied with. The actual proceedings and powers exercised by the magistrates’ court are determinative, not the accuracy of the sending sheet or record. Sentences imposed were not manifestly excessive except for the extended licence period in Jenkins, which exceeded the statutory maximum.

Court Disposition

Appeals dismissed in part, allowed in part

Orders

  • Appeal against sentence dismissed for Terry Butt; sentence upheld.
  • Appeal against sentence allowed in part for David John Jenkins; extended sentence quashed and substituted with 19 years (14 years custody, 5 years extended licence).