Feve, R. v [2024] EWCA Crim 286 (14 March 2024)

Feve, R. v [2024] EWCA Crim 286 (14 March 2024)

The sentence was unduly lenient because the seriousness of the offence required immediate imprisonment; a suspended sentence was not within the range properly open to the judge. However, due to the offender's compliance with the suspended sentence, deteriorating health, and the impact on his family, the court exercised its discretion not to increase the sentence.

Citation
[2024] EWCA Crim 286
Parties
Prosecution: Rex; Offender: Darren Stanley Feve
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Criminal Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference of Sentence
Outcome
Sentence found unduly lenient but not increased; original suspended sentence order maintained.
Legal Topics
Perverting the Course of Justice, Sentencing, Suspended Sentences, Unduly Lenient Sentences
Criminal Law Perverting the Course of Justice Sentencing Suspended Sentences Unduly Lenient Sentences

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Parties

Rex

Prosecution

Darren Stanley Feve

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference of Sentence

Legal Issues

  1. 1 Whether the sentence imposed for perverting the course of justice was unduly lenient
  2. 2 Whether a suspended sentence was appropriate given the seriousness of the offence

Ratio Decidendi

The sentence was unduly lenient because the seriousness of the offence required immediate imprisonment; a suspended sentence was not within the range properly open to the judge. However, due to the offender's compliance with the suspended sentence, deteriorating health, and the impact on his family, the court exercised its discretion not to increase the sentence.

Court Disposition

Sentence found unduly lenient but not increased; original suspended sentence order maintained.

Orders

  • Leave to refer granted.
  • Sentence of 12 months' imprisonment suspended for 12 months with 200 hours' unpaid work requirement remains in place.