AS, R. v [2008] EWCA Crim 138 (08 February 2008)
It was within the judge's discretion to proceed by way of contempt using a formal procedure, given the need for prompt action, clarity of allegation, procedural safeguards, and proportionality; no appearance of bias was established; the sentence was not manifestly excessive given the seriousness of witness intimidation.
- Citation
- [2008] EWCA Crim 138
- Parties
- Respondent: Regina; Appellant: AS
- Jurisdiction
- England and Wales
- Judgment Date
- 08 February 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Witness Intimidation, Summary Procedure, Judicial Discretion, Apparent Bias, Sentencing for Contempt
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
AS
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the judge correctly exercised jurisdiction to determine contempt after trial
- 2 Whether the judge should have referred the matter for prosecution under s.51 Criminal Justice and Public Order Act 1994
- 3 Whether there was apparent bias
Ratio Decidendi
It was within the judge's discretion to proceed by way of contempt using a formal procedure, given the need for prompt action, clarity of allegation, procedural safeguards, and proportionality; no appearance of bias was established; the sentence was not manifestly excessive given the seriousness of witness intimidation.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence for contempt of court upheld
- Appellant to serve 4 months imprisonment
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