A, R. v [2010] EWCA Crim 2913 (23 November 2010)

A, R. v [2010] EWCA Crim 2913 (23 November 2010)

The court held that although perverting the course of justice is normally met with a custodial sentence, the exceptional circumstances of domestic abuse, emotional distress, and vulnerability justified a community sentence with supervision instead of imprisonment.

Citation
[2010] EWCA Crim 2913
Parties
Prosecution: Regina; Appellant: A
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence varied
Legal Topics
Perverting the Course of Justice, False Retraction, Domestic Abuse, Sentencing
Criminal Law Perverting the Course of Justice False Retraction Domestic Abuse Sentencing

Case Brief

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Parties

Regina

Prosecution

A

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the custodial sentence for perverting the course of justice by false retraction was appropriate given the circumstances
  2. 2 Assessment of culpability in cases involving domestic abuse and pressure to retract truthful allegations

Ratio Decidendi

The court held that although perverting the course of justice is normally met with a custodial sentence, the exceptional circumstances of domestic abuse, emotional distress, and vulnerability justified a community sentence with supervision instead of imprisonment.

Court Disposition

sentence varied

Orders

  • Custodial sentence quashed
  • Community sentence with supervision order for two years imposed