Paulius Kriauciunas v R
[2024] EWCA Crim 1142
R v James Dymond
3 August 2023
[2023] EWCA Crim 1051
Court of Appeal
A man was caught with a stolen car and given a 30-month prison sentence. He tried to appeal, but the court said the sentence was fair considering his long history of crimes.
Key Facts
- •James Dymond (aged 39) pleaded guilty to handling stolen goods (a £35,000 Mercedes), driving while disqualified, driving without insurance, and driving without a license.
- •The Mercedes was stolen in a burglary.
- •Dymond was found with the car and false number plates.
- •Dymond has 78 previous convictions for offences between 2000 and 2021, including numerous driving and dishonesty offences.
- •He was sentenced to 30 months' imprisonment for handling stolen goods, with no separate penalty for the driving offences.
- •He applied for an extension of time to appeal his sentence.
Legal Principles
Sentencing guidelines for handling stolen goods.
Sentencing guideline for handling stolen goods (specific guideline not explicitly named in the text).
Outcomes
Application for extension of time to appeal refused.
The court found that the Recorder may have misapplied the sentencing guideline by double-counting the domestic burglary aspect, but this error was immaterial due to the substantial reduction in sentence considering Dymond's mitigation. The 30-month sentence, after a 25% discount for guilty pleas, was not considered excessive given the seriousness of the offences and Dymond's criminal record.
Leave to appeal refused.
The appeal would serve no purpose.