Sartain, R. v

Sartain, R. v

The total sentence imposed was too long. The notional custodial term after trial should have been 18 years, resulting in an extended sentence of 17 years (12 years custody, 5 years extension) after full credit for plea. The judge was entitled to find the appellant dangerous and to categorise the offences as she did, but the sentence must be reduced to reflect totality and parity.

Parties
Prosecution: Regina; Appellant: William Scott Sartain
Jurisdiction
England and Wales
Judgment Date
30 January 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerousness, Robbery, Grievous Bodily Harm, Fraud, Totality, Parity of Sentence
Criminal Law Sentencing Dangerousness Robbery Grievous Bodily Harm Fraud Totality Parity of Sentence

Case Brief

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Parties

Regina

Prosecution

William Scott Sartain

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the appellant dangerous under section 226A of the Criminal Justice Act 2003
  2. 2 Whether the sentences imposed were manifestly excessive and disproportionate to the totality of offending
  3. 3 Whether there was a lack of parity between the appellant's sentence and that of a co-accused

Ratio Decidendi

The total sentence imposed was too long. The notional custodial term after trial should have been 18 years, resulting in an extended sentence of 17 years (12 years custody, 5 years extension) after full credit for plea. The judge was entitled to find the appellant dangerous and to categorise the offences as she did, but the sentence must be reduced to reflect totality and parity.

Court Disposition

appeal allowed in part

Orders

  • Sentences for the two robberies quashed and substituted with extended sentences of 17 years each (12 years custody, 5 years extension), to run concurrently with each other and with all other sentences, which remain as imposed.