R v Warren Lee Bailey

R v Warren Lee Bailey

The recorder was entitled to sentence outside the guideline ranges due to the appellant's persistent offending and aggravating factors, but erred in imposing a sentence for offence 14 above the statutory maximum, which was corrected without altering the total sentence.

Parties
Prosecution: Rex; Appellant: Warren Lee Bailey
Jurisdiction
England and Wales
Judgment Date
03 March 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed save for correction of sentences for offences 3 and 14
Legal Topics
Sentencing, Totality Principle, Burglary, Theft, Obstructing Police, Failing to Surrender to Bail
Criminal Law Sentencing Totality Principle Burglary Theft Obstructing Police Failing to Surrender to Bail

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Warren Lee Bailey

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the total sentence imposed was just and proportionate under the totality principle
  2. 2 Whether the sentence for offence 12 (burglary) was wrongly categorised and excessive
  3. 3 Whether the sentence for offence 14 (obstructing a constable) exceeded statutory maximum

Ratio Decidendi

The recorder was entitled to sentence outside the guideline ranges due to the appellant's persistent offending and aggravating factors, but erred in imposing a sentence for offence 14 above the statutory maximum, which was corrected without altering the total sentence.

Court Disposition

appeal dismissed save for correction of sentences for offences 3 and 14

Orders

  • Sentences of 8 weeks and 4 weeks’ imprisonment for offences 3 and 14 quashed and substituted with 10 weeks and 2 weeks’ imprisonment respectively
  • Total sentence remains unchanged