Holden, R. v

Victim surcharge order was unlawful because one offence predated 1st October 2012 and no fine was imposed; judge's attempt to mitigate by remitting to imprisonment was also unlawful.

Parties: Prosecution: Regina; Appellant: Wayne Thomas Holden
Jurisdiction: England and Wales
Judgment Date: 24 October 2013
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Victim Surcharge, Sentencing, Burglary

Criminal Law Victim Surcharge Sentencing Burglary

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Regina

Prosecution

Wayne Thomas Holden

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the victim surcharge order was lawfully imposed given the timing of the offences
2 Whether the judge had power to remit the victim surcharge to imprisonment

Ratio Decidendi

Victim surcharge order was unlawful because one offence predated 1st October 2012 and no fine was imposed; judge's attempt to mitigate by remitting to imprisonment was also unlawful.

Court Disposition

appeal allowed

Orders

victim surcharge order quashed