BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Vaughan, R. v [2021] EWCA Crim 1434 (10 September 2021)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2021/1434.html
Cite as: [2021] EWCA Crim 1434

[New search] [Printable PDF version] [Help]

WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

Neutral Citation Number: [2021] EWCA Crim 1434
Case No. 202102485 A4

IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
10 September 2021

B e f o r e :

MR JUSTICE LAVENDER
MR JUSTICE WALL
____________________

REGINA
V
LUKE RYAN VAUGHAN

____________________

Computer-aided Transcript prepared from the Stenographic Notes of
Opus 2 International Ltd.
Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737
[email protected]

____________________

JUDGMENT
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    MR JUSTICE WALL:

  1. This case has been referred to the court by the Registrar.

  2. The applicant was 39 at the time of sentence and had a history of offending.

  3. On 30 December 2018 he went to the home of his ex-partner uninvited to see their child. He became angry when he realised that his ex-partner had her new partner at the house. She shut the door on him, to which he responded by forcing the door open again. This had the effect of pushing a plastic panel out of it and, thus, causing slight damage.

  4. On 2 September 2020 he was sentenced to a term of six months' imprisonment suspended for two years for the offence of criminal damage.

  5. This application for permission to appeal was lodged 309 days out of time. It is not opposed. The simple ground being that the sentence was unlawful as it exceeded the maximum term available for the offence. The charge had been committed for trial by the Magistrates' Court under s.51 of the Crime and Disorder Act 1998 along with a separate indictable charge, which in the end was not proceeded with. In that situation, the Crown Court is limited to the powers of sentence which the Magistrates' Court would have had. The maximum term they could have imposed would have been one of three months where the damage caused is valued at less than £5,000, as it was here.

  6. In addition, the applicant pleaded guilty to the offence. This must be reflected in the sentence imposed.

  7. Therefore, we grant permission to appeal and we reduce the custodial sentence to one of two months, which we suspend for two years as before. To that extent, this appeal is allowed.

    8. _______________

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2021/1434.html