R v Andrew Hodgetts

R v Andrew Hodgetts

The sentence of 27 months was manifestly excessive because the aggravating factors did not outweigh the strong mitigation; the correct notional sentence after trial should have been 30 months, reduced by 25% for the guilty plea to 22 months. Immediate custody remained appropriate due to the seriousness and history of non-compliance.

Parties
Prosecutor: Rex; Appellant: Andrew Hodgetts
Jurisdiction
England and Wales
Judgment Date
25 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Stalking, Sentencing, Mental Health and Sentencing, Aggravating and Mitigating Factors
Criminal Law Stalking Sentencing Mental Health and Sentencing Aggravating and Mitigating Factors

Case Brief

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Parties

Rex

Prosecutor

Andrew Hodgetts

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for stalking was manifestly excessive and wrong in principle
  2. 2 Whether the judge erred in categorising the offence as high culpability and high harm under the sentencing guidelines
  3. 3 Whether the appellant's mental health should have reduced culpability or been given greater weight in mitigation

Ratio Decidendi

The sentence of 27 months was manifestly excessive because the aggravating factors did not outweigh the strong mitigation; the correct notional sentence after trial should have been 30 months, reduced by 25% for the guilty plea to 22 months. Immediate custody remained appropriate due to the seriousness and history of non-compliance.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 27 months on count 1 quashed and substituted with 22 months' imprisonment
  • Sentence on count 2 (three months concurrent) not disturbed