Diamond, R v

Diamond, R v

The sentence of 3 years was plainly excessive for a burglary falling within the middle category as defined in Saw; a sentence of 12 months is appropriate, taking into account the appellant's record, the damage caused, and the timely guilty plea.

Parties
Prosecutor: Regina; Appellant: Wayne Diamond
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence quashed and substituted
Legal Topics
Burglary, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Burglary Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Wayne Diamond

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 3 years' imprisonment for burglary was manifestly excessive and outside the sentencing guidelines

Ratio Decidendi

The sentence of 3 years was plainly excessive for a burglary falling within the middle category as defined in Saw; a sentence of 12 months is appropriate, taking into account the appellant's record, the damage caused, and the timely guilty plea.

Court Disposition

sentence quashed and substituted

Orders

  • The sentence of 3 years' imprisonment is quashed.
  • A sentence of 12 months' imprisonment is substituted.