AS, R. v

AS, R. v

The judge acted within his discretion to try the contempt allegation using a formal procedure, given the need for prompt action and the fairness of the process; there was no appearance of bias; the sentence was not manifestly excessive given the seriousness of witness intimidation.

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 Jurisdiction, Bias, Sentencing
Criminal Law Contempt of Court Witness Intimidation Summary Jurisdiction Bias Sentencing

Case Brief

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Parties

Regina

Respondent

AS

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge properly exercised jurisdiction to try contempt of court
  2. 2 Whether the judge should have referred the matter for prosecution under s.51 Criminal Justice and Public Order Act 1994
  3. 3 Whether there was apparent bias

Ratio Decidendi

The judge acted within his discretion to try the contempt allegation using a formal procedure, given the need for prompt action and the fairness of the process; there was no appearance of bias; the sentence was not manifestly excessive given the seriousness of witness intimidation.

Court Disposition

Appeal dismissed

Orders

  • Conviction for contempt of court upheld
  • Sentence of 4 months imprisonment confirmed