R v Callum Curtis Johnson
[2023] EWCA Crim 771
R v Marian Catalin Patilea & Anor
6 November 2024
[2024] EWCA Crim 1416
Court of Appeal
Two brothers were caught stealing from a delivery truck. The judge gave them long prison sentences. A higher court said the sentences were too harsh, reducing them to shorter prison terms because the judge made mistakes in how he assessed the crime.
Key Facts
- •Marian and Mihaita Patilea pleaded guilty to attempted theft.
- •Marian, employed by Popescu Limited, and Mihaita, his brother, were caught attempting to steal Amazon parcels.
- •Marian diverted his lorry from its route; Mihaita was found in the trailer with a knife, attempting to open packages.
- •The attempted theft was estimated at between £10,000 and £40,000.
- •Marian had a previous conviction; Mihaita had no prior convictions.
- •The Crown Court imposed sentences of 90 weeks for Marian and 54 weeks for Mihaita.
Legal Principles
Sentencing guidelines for attempted theft, considering culpability and harm.
Sentencing Council guidelines
Appropriate credit for guilty pleas.
Case law and prosecutorial submissions
Considerations for suspending custodial sentences.
Sentencing Council Guidelines on the Imposition of Community and Custodial Sentences
Outcomes
Appeal allowed; sentences quashed and reduced.
The court found the original sentences to be manifestly excessive due to errors in categorising harm and culpability, and in applying credit for guilty pleas. The court also found that the lower court did not adequately consider suspension of sentences.
Marian Patilea's sentence reduced to 9 months' imprisonment.
Based on a reassessment of harm (Category 2B) and culpability, and a 15% reduction for the guilty plea.
Mihaita Patilea's sentence reduced to 6 months' imprisonment.
Based on a reassessment of harm (Category 2B), lower culpability than his brother, and a 15% reduction for the guilty plea.