Paterson, R. v

Paterson, R. v

The total sentence of 15 years was unduly lenient given the exceptional gravity, multiplicity, and aggravating features of the offences; a sentence of 20 years on each section 18 count, to run concurrently, better reflects the seriousness of the overall offending.

Parties
Prosecutor: Regina; Offender: Ian Paterson
Jurisdiction
England and Wales
Judgment Date
03 August 2017
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 of the Criminal Justice Act 1988 on Sentence
Outcome
Sentence increased on reference; appeal allowed
Legal Topics
Sentencing, Wounding With Intent, Abuse of Trust, Medical Malpractice
Criminal Law Medical Law Sentencing Wounding With Intent Abuse of Trust Medical Malpractice

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Parties

Regina

Prosecutor

Ian Paterson

Offender

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 of the Criminal Justice Act 1988 on Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient given the scale and seriousness of offending
  2. 2 Proper application of sentencing guidelines for multiple offences of wounding with intent by a medical professional

Ratio Decidendi

The total sentence of 15 years was unduly lenient given the exceptional gravity, multiplicity, and aggravating features of the offences; a sentence of 20 years on each section 18 count, to run concurrently, better reflects the seriousness of the overall offending.

Court Disposition

Sentence increased on reference; appeal allowed

Orders

  • Sentences of 15 years on section 18 offences quashed and substituted with 20 years on each count, to run concurrently
  • Section 20 offence sentences remain unchanged