Hannifin, R. v

Hannifin, R. v

The original sentence exceeded the statutory maximum for conspiracy to burgle and was manifestly excessive given the appellant's age, previous record, and guilty plea. The appropriate sentence after applying the correct maximum, totality, and credit for plea is 9 years and 6 months for conspiracy to burgle and 2 years consecutive for robbery, totaling 11 years and 6 months.

Parties
Prosecution: Regina; Appellant: Thomas Michael Hannifin
Jurisdiction
England and Wales
Judgment Date
22 September 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Conspiracy to Commit Burglary, Robbery, Totality Principle, Statutory Maximum Sentence
Criminal Law Sentencing Conspiracy to Commit Burglary Robbery Totality Principle Statutory Maximum Sentence

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Parties

Regina

Prosecution

Thomas Michael Hannifin

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed exceeded the statutory maximum for conspiracy to burgle
  2. 2 Whether the overall sentence was manifestly excessive
  3. 3 Whether the principle of totality was properly applied

Ratio Decidendi

The original sentence exceeded the statutory maximum for conspiracy to burgle and was manifestly excessive given the appellant's age, previous record, and guilty plea. The appropriate sentence after applying the correct maximum, totality, and credit for plea is 9 years and 6 months for conspiracy to burgle and 2 years consecutive for robbery, totaling 11 years and 6 months.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence on count 1 (conspiracy to burgle) quashed and substituted with 9 years and 6 months' imprisonment.
  • Sentence on count 3 (robbery) quashed and substituted with 2 years' imprisonment to run consecutively.