R v Jennifer Blackadder

R v Jennifer Blackadder

Deferment of sentence was not appropriate given the offender's repeated breaches, aggravating history, and the seriousness of the offences. The judge's decision was unduly lenient as the case was far beyond the custody threshold and deferment could not realistically affect sentencing. A significant custodial term was necessary.

Parties
Applicant: Attorney General; Respondent: Jennifer Blackadder
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Criminal Appeal / Judgment on Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
deferment quashed as unduly lenient; substituted custodial sentences imposed
Legal Topics
Sentencing, Deferment of Sentence, Unduly Lenient Sentences, Restraining Orders, Stalking, Assault, Witness Intimidation
Criminal Law Sentencing Deferment of Sentence Unduly Lenient Sentences Restraining Orders Stalking Assault Witness Intimidation

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Parties

Attorney General

Applicant

Jennifer Blackadder

Respondent

Procedural Posture

Criminal Appeal / Judgment on Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether deferment of sentence was unduly lenient
  2. 2 Appropriateness of custodial sentence given repeated breaches and aggravating factors
  3. 3 Application of sentencing guidelines and principles for deferment

Ratio Decidendi

Deferment of sentence was not appropriate given the offender's repeated breaches, aggravating history, and the seriousness of the offences. The judge's decision was unduly lenient as the case was far beyond the custody threshold and deferment could not realistically affect sentencing. A significant custodial term was necessary.

Court Disposition

deferment quashed as unduly lenient; substituted custodial sentences imposed

Orders

  • Offender sentenced to four years and six months' imprisonment.
  • Offender to surrender to Shepcote Lane Police Station, Tinsley, Sheffield by 3 pm today.