Southwell, R. v

Southwell, R. v

The minimum term imposed was manifestly excessive as the judge's starting point exceeded the statutory maximum; the correct notional determinate sentence after credit for guilty plea was five years, resulting in a minimum term of two and a half years less time spent on remand.

Parties
Prosecutor: Regina; Appellant: Wayne Southwell
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Threats to Kill, Imprisonment for Public Protection
Criminal Law Sentencing Threats to Kill Imprisonment for Public Protection

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Parties

Regina

Prosecutor

Wayne Southwell

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the minimum term of four years imposed under imprisonment for public protection was manifestly excessive

Ratio Decidendi

The minimum term imposed was manifestly excessive as the judge's starting point exceeded the statutory maximum; the correct notional determinate sentence after credit for guilty plea was five years, resulting in a minimum term of two and a half years less time spent on remand.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced to two and a half years less time spent on remand