Consecutive Sentences in UK Law
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R v Peter Ralphs
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The question for decision is whether the restriction on the range of sentences can properly be circumvented in situations like this, where the offender was found in possession of more than one gun, or, and no less important, a combination of guns and appropriate ammunition for use with them which came in to his possession on a single occasion and which were kept hidden and were found in the same hiding place, by an order for consecutive sentences.
The aggregate of the sentences must be appropriate to the offender's criminality in the context of the available mitigation. Second, consecutive terms should not normally be imposed for offences which arise out of the same incident or transaction. However there is sometimes a difficulty in deciding whether criminality under consideration may or may not be regarded as a single incident. The fact that offences are committed simultaneously is not necessarily conclusive.
In the context of a narrow range of available sentencing powers, and in particular the statutory maximum sentence, we are in reality being invited to circumvent the statutory maximum sentence on the basis that we believe it to be too low and to achieve our objective by disapplying well understood sentencing principles of which Parliament must be deemed to have been aware when the statutory maximum and minimum sentence was fixed.
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R v Noble
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It seems to this Court that the element of chance in the number of people killed by a single piece of dangerous driving underlines the appropriateness of the general principle which applies throughout sentencing for criminal offences, namely that consecutive sentences should not normally be imposed for offences arising out of the same single incident: see the decisions in Jones (1980) 2 Cr App R (S) 152 and Skinner (1986) 8 Cr App R (S) 166.
But where such exceptional cases occur, they tend to be ones where different offences are committed. It seems to this Court to be wrong in principle to impose consecutive sentences in respect of each death arising from a single piece of dangerous driving. We emphasise in saying that that it is right that the total sentence imposed in such cases should take account of the number of deaths involved. We have read the letters from relatives of several of those who died in the present case.
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R v "DJ"
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While it is lawful to impose consecutive extended determinate sentences under section 226A of the 2003 Act, the court should always make it clear as to which offences those sentences are being attributed as it is the overall extended determinate sentences that must be consecutive and not just the custodial terms. We have considered R v Pinnell and Joyce [2010] EWCA Crim 2848, at paragraph 48 and R v Francis and Lawrence [2014] EWCA Crim 631, at paragraphs 50–57.
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R v Nicholas Jamieson and John Michael Jamieson
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In our judgment, applying the principles to be derived from the cases, a sentencing judge should pass a total sentence which properly reflects the overall criminality of the defendant and the course and nature of the criminal conduct disclosed by the offences for which he stands to be sentenced, while always having regard to the principle of totality.
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Counter-Terrorism and Sentencing Act 2021
... ... (a) in section 306 (extended sentences: meaning of specified offence etc) , in subsection (2) , after the ... 268A .(10) In section 264(7) (application of provisions about consecutive sentences of imprisonment to sentences of detention) , for or 266 ... ...
- The Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005
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Powers of Criminal Courts (Sentencing) Act 2000
... ... 2(l)) ... 35: Restrictions on imposing community sentences ... 27); S.I. 2020/1236, reg. 2 ... 84: Restriction on consecutive sentences for released prisoners ... ...
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Armed Forces Act 2006
... ... subsection (3) (h) may make provision about the commencement of sentences or orders varied by the court (including provision conferring on the court ... 2022/840, regs. 1(2), 2(a) (with reg. 3)) ... Chapter 2: Consecutive Sentences ... 188: Consecutive custodial sentences ... (1) This section ... ...
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Unduly Lenient Sentences (s. 36 CJA 1988): The Correct Approach to Sentencing Where Multiple Deaths Occur as a Result of Dangerous Driving: R v Robert Anthony Brown [2018] EWCA Crim 1775
... ... The submission was that he instead ought tohave passed consecutive sentences to reflect the loss of two lives. This in turn would have allowed asentence in excess of the 14 years maximum. In the alternative, H.M ... ...
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Limiting the Role of Previous Convictions at Sentencing
... ... on sentencing by maintaining the need to imposeproportionate sentences which reflect the seriousness of the offence. According to Hickinbottom J ... or consecutively, there exists a general principle that consecutive terms ofimprisonment should not generally be imposed in respect of ... ...
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Conspiracy to Defraud: A Clarification of the Sentencing Approach
... ... Criminal Justice Act 1988 for leave to refer, as undulylenient, sentences imposed for offences of fraud and related offences.Furthermore, the ... the appropriate use of the power to impose consecutive sentencesfor substantive offences of fraud and for conspiracy to ... ...
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Consecutive or Concurrent? Appropriate Sentencing for Multiple Counts: R v Brown [2020] EWCA Crim 1095
... ... no proper basis on which to order that the sentence for one of the assault countswas to run consecutively rather than concurrently with the sentences for the other assault counts.Held, allowing the appeal, that while the court had no hesitation in rejecting the first ground, thesecond ground had ... ...
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UK's Serious Fraud Office Secures LIBOR Conviction
On Monday, August 3, Tom Hayes was convicted and sentenced to 14 years’ imprisonment for his part in the manipulation of the London Interbank Offered Rate (LIBOR). The result has attracted attentio...... ... ’ conduct at each of the banks where he worked, making the sentences in respect of each consecutive rather than concurrent. In passing ... ...
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Insolvency Act Offences : A Suitable Case for Guidance.
... ... the three cases cited above; the first (Colfer) immediate consecutive sentences of 6 and 12 months imprisonment in relation to failure to ... ...
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Ch-Ch-Changes - Can They Be Made To Infrastructure Projects Post Application?
... ... on this point as it seems to set two different thresholds in consecutive sentences: ... 'the Secretary of State will need to decide on the ... ...
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The Political Implications Of UK's Tom Hayes Verdict
On Monday, Aug. 3, Tom Hayes was convicted and sentenced to 14 years of imprisonment for his part in the manipulation of the London Interbank Offered Rate (Libor). The result has attracted attentio...... ... ’ conduct at each of the banks where he worked, making the sentences in respect of each consecutive rather than ... concurrent. In ... ...