W, R v

W, R v

The sentence of 14 months was manifestly excessive given the appellant's youth, good character, subordinate role, lack of personal gain, and guilty plea. The appropriate sentence was 9 months' detention suspended for 1 year with 12 months supervision.

Parties
Prosecutor: Regina; Appellant: W
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Money Laundering, Fraud, Sentencing, Youth Offenders
Criminal Law Money Laundering Fraud Sentencing Youth Offenders

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

W

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 14 months' detention in a young offender institution was manifestly excessive
  2. 2 Whether the sentence should have been suspended given the appellant's mitigation

Ratio Decidendi

The sentence of 14 months was manifestly excessive given the appellant's youth, good character, subordinate role, lack of personal gain, and guilty plea. The appropriate sentence was 9 months' detention suspended for 1 year with 12 months supervision.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced to 9 months in a young offender institution, suspended for 1 year, with a requirement of 12 months supervision