Where a sentencing judge takes thefts committed in implementation of a conspiracy into account in fixing the conspiracy sentence, the theft sentences cannot also be aggravated on the basis they were committed as part of the conspiracy. In a straightforward conspiracy case, account must be taken of the extent to which the conspiracy was implemented, and a sentence appropriate for a completed offence will be manifestly excessive where the substantive offence was prevented.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.