Brett, R. v

Brett, R. v

Given the applicant's extensive history of similar offences, commission of offences while on licence, and the circumstances, the sentence was not manifestly excessive and leave to appeal is refused.

Parties
Prosecution: Regina; Applicant: Wayne Jason Brett
Jurisdiction
England and Wales
Judgment Date
23 April 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal refused
Legal Topics
Sentencing, Theft, Drug Addiction, Recall to Custody
Criminal Law Sentencing Theft Drug Addiction Recall to Custody

Case Brief

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Parties

Regina

Prosecution

Wayne Jason Brett

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the applicant's previous convictions and circumstances
  2. 2 Whether the sentencing judge erred in considering the applicant's previous convictions and starting point for sentence
  3. 3 Whether the custodial sentence should run consecutively or concurrently with the recalled sentence

Ratio Decidendi

Given the applicant's extensive history of similar offences, commission of offences while on licence, and the circumstances, the sentence was not manifestly excessive and leave to appeal is refused.

Court Disposition

leave to appeal refused

Orders

  • sentence of 18 months' imprisonment took effect from the date it was passed