Blackadder, R. v [2024] EWCA Crim 318 (14 February 2024)

Blackadder, R. v [2024] EWCA Crim 318 (14 February 2024)

Given the seriousness of the offences, the offender's persistent breaches, and the sentencing guidelines, deferment was not appropriate and was unduly lenient. A significant custodial sentence was the only realistic option, and the deferment failed to meet statutory and guideline requirements.

Citation
[2024] EWCA Crim 318
Parties
Prosecution: Rex; Offender: Jennifer Blackadder
Jurisdiction
England and Wales
Judgment Date
14 February 2024
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Deferment of sentence quashed as unduly lenient; substituted with a total sentence of four years and six months' imprisonment.
Legal Topics
Sentencing, Deferment of Sentence, Unduly Lenient Sentences, Breach of Restraining Order, Stalking, Assault, Witness Intimidation
Criminal Law Sentencing Deferment of Sentence Unduly Lenient Sentences Breach of Restraining Order Stalking Assault Witness Intimidation

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Parties

Rex

Prosecution

Jennifer Blackadder

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the deferment of sentence was unduly lenient
  2. 2 Whether deferment was appropriate given the seriousness and history of offending
  3. 3 Proper application of sentencing guidelines for stalking, breach of restraining order, assault, and witness intimidation

Ratio Decidendi

Given the seriousness of the offences, the offender's persistent breaches, and the sentencing guidelines, deferment was not appropriate and was unduly lenient. A significant custodial sentence was the only realistic option, and the deferment failed to meet statutory and guideline requirements.

Court Disposition

Deferment of sentence quashed as unduly lenient; substituted with a total sentence of four years and six months' imprisonment.

Orders

  • Offender to serve four years and six months' imprisonment.
  • Sentences: 12 months for breach of restraining order; three months concurrent for assault by beating; two years each for stalking and witness intimidation, concurrent with each other but consecutive to indictment sentences; 18 months activated from suspended sentence, consecutive.