Ramthor , R. v

Ramthor , R. v

The sentence was not manifestly excessive given the gravity of the aggravating features, impact on the victim, and seriousness of the offence, even after considering mitigating factors; however, the appellant was entitled to credit for time spent under curfew, requiring a technical correction.

Parties
Prosecution: Regina; Appellant: Adam Paul Ramthor
Jurisdiction
England and Wales
Judgment Date
15 February 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Assault, Sentencing, Appeal, Victim Impact, Mitigating and Aggravating Factors
Criminal Law Sexual Assault Sentencing Appeal Victim Impact Mitigating and Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

Adam Paul Ramthor

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence of 21 months' imprisonment manifestly excessive?
  2. 2 Did the judge adopt the correct sentencing category and starting point?
  3. 3 Was the appellant properly credited for time spent under curfew?

Ratio Decidendi

The sentence was not manifestly excessive given the gravity of the aggravating features, impact on the victim, and seriousness of the offence, even after considering mitigating factors; however, the appellant was entitled to credit for time spent under curfew, requiring a technical correction.

Court Disposition

appeal allowed in part

Orders

  • 14 days spent under qualifying curfew to count towards sentence
  • If calculation is later found to be wrong, record to be corrected administratively without further hearing