Case Summary: R v Morgan [2026] EWCA Crim 886
Mark Thomas has written a Case Summary of R v Morgan [2026] EWCA Crim 886.
The case concerns the new s.277A Sentencing Act 2026 (presumption of suspended sentence orders for custodial sentences under 12 months). Allowing an appeal against sentence where the sentencing judge had failed to consider s.277A, the Court reasoned:
- A useful sequence to follow is: (1) Is there an exemption to the presumption? (2) If not, is the appropriate sentence less than 12 months? (3) If so, are there exceptional circumstances which justify not applying the presumption?
- The seriousness of the offence alone is “unlikely” to amount to an exceptional circumstance justifying not applying the presumption.
- “Exceptional” is a strong word, meaning circumstances (relating to the offence or the offender) which are not commonly encountered.
Download the case summary here: R v Morgan Case Summary
Read the decision on BAILII: R v Morgan [2026] EWCA Crim 886.
