Advocate argued of 'manifestly excessive' sentence
A man who’s been to prison six times in 15 years has had his sentence for theft and burglary cut by 12 months at appeal.
In November last year John Allan Johnson admitted committing two burglaries and resisting a police officer while he was on licence from prison.
In January he also pleaded guilty to theft and another count of burglary and Deemster Montgomerie sent him back to prison for a total of seven and a half years.
Johnson’s advocate argued the Deemster had been wrong to jail him for so long for breaching his licence and the jail term was manifestly excessive.
The court heard the 38 year old had spent the vast majority of the time since 2001 in prison, with five previous custodial sentences totalling 15 years and eight months.
His advocate argued his total sentence, including his return to prison breach of licence, should have been about 6 years.
Judge of Appeal Tattersall and Deemster Doyle, hearing the appeal, agreed and reduced his jail term by twelve months.
They added they accepted he was in danger of becoming institutionalised – but said that was in Johnson’s own hands.
