Phelps, R. v

Phelps, R. v

The sentence of 28 days' imprisonment was unduly lenient given the seriousness of the offence, the aggravating factors including persistence and impact on justice, and the offender's role as a police officer. A custodial sentence of 11 months was appropriate, reduced from a starting point of 15 months to reflect substantial personal mitigation and operative double jeopardy.

Parties
Applicant: Attorney General; Respondent: David Robert Phelps
Jurisdiction
England and Wales
Judgment Date
05 September 2017
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence of 28 days' imprisonment quashed; substituted with 11 months' imprisonment.
Legal Topics
Perverting the Course of Justice, Sentencing, Misconduct in Public Office, Double Jeopardy
Criminal Law Public Law Perverting the Course of Justice Sentencing Misconduct in Public Office Double Jeopardy

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Parties

Attorney General

Applicant

David Robert Phelps

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on David Robert Phelps for perverting the course of justice was unduly lenient
  2. 2 Appropriate sentencing principles for police officers convicted of perverting the course of justice
  3. 3 Application of double jeopardy principle in sentence review

Ratio Decidendi

The sentence of 28 days' imprisonment was unduly lenient given the seriousness of the offence, the aggravating factors including persistence and impact on justice, and the offender's role as a police officer. A custodial sentence of 11 months was appropriate, reduced from a starting point of 15 months to reflect substantial personal mitigation and operative double jeopardy.

Court Disposition

Sentence of 28 days' imprisonment quashed; substituted with 11 months' imprisonment.

Orders

  • Leave granted to refer sentence.
  • 28 days' imprisonment quashed.