Holden, R. v [2013] EWCA Crim 2017 (24 October 2013)

Holden, R. v [2013] EWCA Crim 2017 (24 October 2013)

Because one of the offences occurred before 1 October 2012 and the sentence did not include a fine, no victim surcharge could lawfully be imposed. The attempt to mitigate the surcharge by converting it to a custodial term was also unlawful.

Citation
[2013] EWCA Crim 2017
Parties
Prosecution: Regina; Appellant: Wayne Thomas Holden
Jurisdiction
England and Wales
Judgment Date
24 October 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence (victim Surcharge Only)
Outcome
appeal allowed in part
Legal Topics
Victim Surcharge, Sentencing, Burglary, Retrospective Application of Law
Criminal Law Victim Surcharge Sentencing Burglary Retrospective Application of Law

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Parties

Regina

Prosecution

Wayne Thomas Holden

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (victim Surcharge Only)

Legal Issues

  1. 1 Whether a victim surcharge can be imposed when one of the offences predates 1 October 2012
  2. 2 Whether a default term of imprisonment can be fixed for non-payment of a victim surcharge

Ratio Decidendi

Because one of the offences occurred before 1 October 2012 and the sentence did not include a fine, no victim surcharge could lawfully be imposed. The attempt to mitigate the surcharge by converting it to a custodial term was also unlawful.

Court Disposition

appeal allowed in part

Orders

  • victim surcharge quashed