Cromie, R v [2008] NICA 47 (26 September 2008)

Cromie, R v [2008] NICA 47 (26 September 2008)

The sentence of 18 months for taking and driving away exceeded the statutory maximum and was reduced to 9 months; the remainder of the sentences, including for burglary and dangerous driving, were not manifestly excessive or wrong in principle given the applicant's record, the seriousness of the offences, and the sentencing judge's consideration of totality and probation.

Citation
[2008] NICA 47
Parties
Prosecution: The Queen; Applicant: Michael Cromie
Jurisdiction
Northern Ireland
Judgment Date
26 September 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
partially allowed
Legal Topics
Sentencing, Burglary, Dangerous Driving, Taking and Driving Away, Driving Whilst Disqualified, No Insurance
Criminal Law Sentencing Burglary Dangerous Driving Taking and Driving Away Driving Whilst Disqualified No Insurance

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Parties

The Queen

Prosecution

Michael Cromie

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether the sentence for taking and driving away exceeded the statutory maximum
  3. 3 Whether consecutive sentences were appropriate for offences arising from a single criminal episode

Ratio Decidendi

The sentence of 18 months for taking and driving away exceeded the statutory maximum and was reduced to 9 months; the remainder of the sentences, including for burglary and dangerous driving, were not manifestly excessive or wrong in principle given the applicant's record, the seriousness of the offences, and the sentencing judge's consideration of totality and probation.

Court Disposition

partially allowed

Orders

  • Leave to appeal granted
  • Sentence on count 2 (taking and driving away) reduced to 9 months