Flack, R. v

A custodial sentence was appropriate given the appellant's criminal record and circumstances, but nine months' imprisonment was excessive; a reduced sentence of 24 weeks' imprisonment suffices.

Parties: Prosecution: Regina; Appellant: Wayne Leslie Flack
Jurisdiction: England and Wales
Judgment Date: 14 April 2011
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Sentencing, Going Equipped for Theft, Shoplifting, Guideline Application

Criminal Law Sentencing Going Equipped for Theft Shoplifting Guideline Application

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Wayne Leslie Flack

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed for going equipped for theft was excessive
2 Applicability of Magistrates Guidelines and shop theft guidelines in Crown Court sentencing

Ratio Decidendi

A custodial sentence was appropriate given the appellant's criminal record and circumstances, but nine months' imprisonment was excessive; a reduced sentence of 24 weeks' imprisonment suffices.

Court Disposition

appeal allowed in part

Orders

Sentence reduced from nine months' imprisonment to 24 weeks' imprisonment
Two days spent on remand to be deducted from sentence