R v Alex Borsodi

R v Alex Borsodi

The sentencing judge erred by equating 'ordinarily immediate custody' with 'exceptional circumstances' and failing to consider that a custodial sentence could be suspended in appropriate cases. However, due to the applicant's impending voluntary deportation, a suspended sentence is no longer appropriate, and the appeal is dismissed.

Parties
Prosecutor: Rex; Applicant: Alex Borsodi
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Intentional Strangulation, Domestic Abuse
Criminal Law Sentencing Intentional Strangulation Domestic Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rex

Prosecutor

Alex Borsodi

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in principle by misinterpreting the guidance in Cook (Alfie) [2023] EWCA Crim 452 regarding immediate custody for intentional strangulation

Ratio Decidendi

The sentencing judge erred by equating 'ordinarily immediate custody' with 'exceptional circumstances' and failing to consider that a custodial sentence could be suspended in appropriate cases. However, due to the applicant's impending voluntary deportation, a suspended sentence is no longer appropriate, and the appeal is dismissed.

Court Disposition

Appeal dismissed