R v Ayhan
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 2011 |
| Date | 13 December 2011 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal, Criminal Division
Before Lord Judge, Lord Chief Justice, Mr Justice Sweeney and Mr Justice Singh
Where a magistrates' court had properly committed a defendant to the Crown Court for sentence in respect of offences triable either summarily or on indictment a mistake in recording the statutory basis for committal for sentence on additional summary offences did not invalidate the committal.
The Court of Appeal, Criminal Division, so held when dismissing an appeal by Murat Ayhan against sentence following his plea of guilty at Highbury Corner Magistrates' Court to four offences: (1) assault occasioning actual bodily harm; (2) assault by beating, contrary to section 39 of the Criminal J ustice Act 1988; (3) damaging property worth £500, contrary to section 1 of the Criminal Damage Act 1971; and (4) making threats to kill, for which he was committed for sentence on June 10, 2011, to Blackfriars Crown Court.
He was sentenced by Miss Recorder Crane to, respectively, concurrent terms of 14 months' imprisonment; 4 months' imprisonment; 2 months' imprisonment; and 8 months' imprisonment consecutive, making a total of 22 months' imprisonment.
Ms Alexandra Kettle-Williams (assigned by the Registrar of Criminal Appeals) for the defendant; Mr Benedict Leonard for the Crown.
THE LORD CHIEF JUSTICE, giving the judgment of the court, said that the memorandum of conviction recorded that the appellant had been committed to the Crown Court for sentence under section 3 of the Powers of Criminal Courts (Sentencing) Act 2000. Section 3 was concerned with offence s which were triable either way and vested the Crown Court with power to deal with an offender in any way in which it could have dealt with him if he had been convicted on indictment.
It seemed to have been overlooked that the second and third offences were triable as summary only offences so that, notwithstanding the record in the memorandum of conviction, there was no jurisdiction to commit either of them for sentence under section 3 because the power to commit summary only of fences for sentence to the Crown Court was to be found in section 6 of the 2000 Act which gave the Crown Court power to deal with the offender in any way in which a magistrates' court could have dealt with him if he had been convicted at the magistrates' court of the offences.
It was well established that in such circumstances the essential question was not what power the...
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