Brett, R. v [2007] EWCA Crim 1049 (23 April 2007)

Brett, R. v [2007] EWCA Crim 1049 (23 April 2007)

Given the applicant's extensive record, the nature of the offences, and the circumstances of their commission, the sentence was not manifestly excessive and leave to appeal is refused.

Citation
[2007] EWCA Crim 1049
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
Theft, Sentencing, Recall on Licence, Manifestly Excessive Sentence
Criminal Law Theft Sentencing Recall on Licence Manifestly Excessive Sentence

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 of 18 months' imprisonment was manifestly excessive given the applicant's circumstances and previous convictions
  2. 2 Whether the sentencing judge erred in giving too much weight to previous convictions and adopting too high a starting point
  3. 3 Whether the sentence should run consecutively or concurrently with the sentence for which the applicant was recalled

Ratio Decidendi

Given the applicant's extensive record, the nature of the offences, and the circumstances of their commission, the sentence was not manifestly excessive and leave to appeal is refused.

Court Disposition

leave to appeal refused

Orders

  • The sentence of 18 months' imprisonment takes effect from the date it was passed.