R v Wayne John Simmonds

R v Wayne John Simmonds

The sentencing judge was entitled to find that the applicant was party to a conspiracy that contemplated serious violence and high-value theft, and to attribute weight to aggravating factors including breach of licence and prolonged detention. The applicant's role was properly distinguished as somewhat lesser, but not so as to warrant a lower sentence. The sentence was not manifestly excessive or wrong in principle, and there was no arguable basis for appeal.

Parties
Applicant: Wayne John Simmonds; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Appeal Sentence
Outcome
renewed application for extension of time to appeal sentence dismissed
Legal Topics
Conspiracy to Rob, Conspiracy to Supply Controlled Drugs, Serious Crime Prevention Order, Sentencing, Appeal Against Sentence, Totality Principle, Aggravating and Mitigating Factors
Criminal Law Conspiracy to Rob Conspiracy to Supply Controlled Drugs Serious Crime Prevention Order Sentencing Appeal Against Sentence Totality Principle Aggravating and Mitigating Factors

Case Brief

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Parties

Wayne John Simmonds

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence for conspiracy to rob was wrong in principle or manifestly excessive
  2. 2 Whether the applicant's role and culpability were mischaracterised by the sentencing judge
  3. 3 Whether aggravating and mitigating factors were properly applied

Ratio Decidendi

The sentencing judge was entitled to find that the applicant was party to a conspiracy that contemplated serious violence and high-value theft, and to attribute weight to aggravating factors including breach of licence and prolonged detention. The applicant's role was properly distinguished as somewhat lesser, but not so as to warrant a lower sentence. The sentence was not manifestly excessive or wrong in principle, and there was no arguable basis for appeal.

Court Disposition

renewed application for extension of time to appeal sentence dismissed

Orders

  • Record to be amended to include victim surcharge order of £190