Neate, R. v [2019] EWCA Crim 1580 (19 September 2019)

Neate, R. v [2019] EWCA Crim 1580 (19 September 2019)

The sentencing judge was entitled to classify the Sheffield robbery as category 1A due to serious psychological harm, properly applied the totality principle, and was justified in finding dangerousness without a pre-sentence report given the applicant's violent and persistent offending.

Citation
[2019] EWCA Crim 1580
Parties
Prosecution: Regina; Applicant: Thomas Neate
Jurisdiction
England and Wales
Judgment Date
19 September 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Robbery, Affray, Escape From Lawful Custody, Dangerousness, Sentencing Guidelines, Totality Principle
Criminal Law Robbery Affray Escape From Lawful Custody Dangerousness Sentencing Guidelines Totality Principle

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Parties

Regina

Prosecution

Thomas Neate

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Was the Sheffield robbery correctly classified as category 1A under sentencing guidelines?
  2. 2 Did the sentencing judge properly apply the totality principle?
  3. 3 Was the finding of dangerousness justified without a pre-sentence report?

Ratio Decidendi

The sentencing judge was entitled to classify the Sheffield robbery as category 1A due to serious psychological harm, properly applied the totality principle, and was justified in finding dangerousness without a pre-sentence report given the applicant's violent and persistent offending.

Court Disposition

renewed application for leave to appeal against sentence refused