Phelps, R. v [2017] EWCA Crim 2403 (05 September 2017)

Phelps, R. v [2017] EWCA Crim 2403 (05 September 2017)

The original sentence of 28 days' imprisonment was unduly lenient given the seriousness of the offence, the offender's role as a police officer, the persistence and impact of his conduct, and the need for deterrence. Despite significant personal mitigation and the double jeopardy principle, a custodial sentence of 11 months was appropriate.

Citation
[2017] EWCA Crim 2403
Parties
Applicant: Attorney General; Offender/respondent: David Robert Phelps
Jurisdiction
England and Wales
Judgment Date
05 September 2017
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Perverting the Course of Justice, Sentencing, Police Misconduct, Unduly Lenient Sentences
Criminal Law Perverting the Course of Justice Sentencing Police Misconduct Unduly Lenient Sentences

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Parties

Attorney General

Applicant

David Robert Phelps

Offender/respondent

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on a police officer for perverting the course of justice was unduly lenient
  2. 2 Appropriate sentence for a police officer who coaches a suspect to give a misleading account

Ratio Decidendi

The original sentence of 28 days' imprisonment was unduly lenient given the seriousness of the offence, the offender's role as a police officer, the persistence and impact of his conduct, and the need for deterrence. Despite significant personal mitigation and the double jeopardy principle, a custodial sentence of 11 months was appropriate.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave to refer sentence granted
  • Original sentence of 28 days' imprisonment quashed