Bailey, R. v

The sentences imposed were disproportionate to the offences, even considering the appellants' criminal records; sentences must remain proportionate to the offence itself.

Parties: Prosecutor: Regina; Appellant: Vance Oliver Bailey; Appellant: Jason Sinclair Bailey
Jurisdiction: England and Wales
Judgment Date: 04 October 2013
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed
Legal Topics: Sentencing, Burglary, Aggravating Factors, Previous Convictions, Proportionality

Criminal Law Sentencing Burglary Aggravating Factors Previous Convictions Proportionality

Case Brief

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Parties

Regina

Prosecutor

Vance Oliver Bailey

Appellant

Jason Sinclair Bailey

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether the sentencing judge was justified in imposing sentences significantly above the guidelines due to the appellants' previous convictions and likelihood of reoffending.

Ratio Decidendi

The sentences imposed were disproportionate to the offences, even considering the appellants' criminal records; sentences must remain proportionate to the offence itself.

Court Disposition

appeal allowed

Orders

Sentences of 42 months' imprisonment quashed and substituted with sentences of 30 months' imprisonment for each appellant.