Key Facts
- •Dwayne Yearwood pleaded guilty to two breaches of a stalking protection order.
- •The breaches involved making false online reports alleging sexual abuse.
- •The case was initially heard in the Magistrates' Court and then committed to the Crown Court for sentencing.
- •The Crown Court judge imposed a 12-month sentence, the maximum allowed by the Magistrates' Court's sentencing powers in this case.
- •The applicant argued the sentence did not adequately reflect his guilty plea and personal mitigation.
- •The Court of Appeal considered the interplay of several sections of the Sentencing Code and the Sentencing Council's guidelines.
Legal Principles
Sentencing powers of the Crown Court are limited to those of the Magistrates' Court when a case is committed for sentence under section 18 of the Sentencing Code without a section 18(4) statement.
Sentencing Code, sections 14, 18, 21
The Magistrates' Court's maximum sentence for offences triable either way is 6 months per offence, with a maximum aggregate sentence of 12 months (Magistrates' Courts Act 1980, s. 133).
Sentencing Code, section 224; Magistrates' Courts Act 1980, section 133
A one-third reduction in sentence should be applied for a guilty plea indicated at the first stage of proceedings.
Sentencing Council's Overarching Guideline for the Reduction of Sentence for a Guilty Plea
The structured sentencing process involves identifying a starting point, adjusting for aggravating and mitigating factors, applying a guilty plea reduction, and ensuring the final sentence is just and proportionate.
Sentencing Code, sections 59, 73; Sentencing Council Guidelines
Outcomes
The application for leave to appeal against sentence was refused.
The sentence imposed was consistent with the statutory framework and guidelines. The judge correctly applied the structured sentencing process, taking into account all relevant factors including the guilty plea, even though the sentence was the maximum permitted by the Magistrates' Court's jurisdiction.