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One-year sentence not inappropriate for appellant who opted to be tried by Circuit Criminal Court
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Court of Appeal dismisses appeal of sentence of 12 months' imprisonment imposed for possession of a stolen mobile phone, after the appellant was originally charged with summary offences to be dealt with in the District Court, finding that the sentence was not inappropriate in circumstances where the appellant had opted to have his case decided in the Circuit Criminal Court, thereby exposed himself to a potential five-year prison term.
Criminal law – sentencing – appeal of sentence of term of imprisonment for 12 months – guilty plea to possession of stolen property contrary to s. 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001– decision to charge appellant in respect of the two s. 4 offences prompted him to elect for trial by judge and jury - had he been only charged with the s. 18 offence at the outset, he would have been happy to be tried summarily in the District Court – sentencing judge was correct in his decision to treat the previous convictions, and in particular their number and nature, as an aggravating factor – sentence was appropriate – no error in principle – appeal dismissed.
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