R v Burfoot

JurisdictionEngland & Wales
Judgment Date14 May 1990
Date14 May 1990
CourtCourt of Appeal (Criminal Division)

Court of Appeal

Before Lord Justice Mustill, Mr Justice Waterhouse and Mr Justice Swinton Thomas

Regina
and
Burfoot

Criminal sentencing -unadmitted offences

Sentence on unadmitted offences

A sentencing court had no jurisdiction to take into consideration offences not admitted by a defendant and which the defendant had not asked the court to take into consideration.

The Court of Appeal so stated when allowing an appeal by Adrian Keith Burfoot and reducing to four years a total sentence of six years imprisonment imposed by Judge Hugh Williams, QC, on March 9, 1989 at Cardiff Crown Court on conviction on an indictment containing 25 counts of offences of, inter alia, burglary and theft.

Mr David W Morgan, assigned by the Registrar of Criminal Appeals, for the appellant.

MR JUSTICE WATERHOUSE said that when he first appeared at the crown court the defendant had pleaded guilty to an indictment containing six counts of burglaries of dwelling houses.

However, although apparently at one time he had signed a schedule compiled by the police during their investigations relating to some 600 further offences, he was then not prepared to admit committing any of those additional offences.

After discussion, the indictment was redrafted to include 19 charges relating to matters the defendant had allegedly admitted. He pleaded not guilty but was convicted.

After discussion as to whether the...

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2 cases
  • R v Clark (Paul John) ; R v Bentham (John Preston)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 5 Diciembre 1997
    ...He refused. It was held that he could only be sentenced in respect of the counts to which he had pleaded guilty. 14 The case of R v Burfoot [1990] 12 Cr App R (S) 252 is even clearer. There the appellant was charged and pleaded guilty to an indictment containing six counts of burglary. They......
  • R v John James Barry
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 30 Julio 1996
    ...had been convicted. This was not, in our judgment, a case of specimen counts in the sense in which we have considered them. 58 Burfoot 12 Cr.App.R(S) 252 was a case in which the appellant was convicted on what were said to be specimen counts. He was convicted of a number of counts of burgl......

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