Turner, R. v

Turner, R. v

The sentence was unduly lenient as it failed to reflect the gravity of the criminality, the gross breach of trust, and the need for deterrence. The order suspending the custodial sentence was unjustified; an immediate custodial sentence was warranted.

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: Mark Simon Turner
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Misconduct in Public Office, Conspiracy to Defraud, Sentencing, Unduly Lenient Sentence, Abuse of Police Powers
Criminal Law Misconduct in Public Office Conspiracy to Defraud Sentencing Unduly Lenient Sentence Abuse of Police Powers

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Parties

Attorney General

Applicant

Mark Simon Turner

Respondent

Procedural Posture

Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on Mark Simon Turner was unduly lenient for misconduct in public office and conspiracy to defraud
  2. 2 Appropriate sentencing principles for police officers who abuse access to confidential information

Ratio Decidendi

The sentence was unduly lenient as it failed to reflect the gravity of the criminality, the gross breach of trust, and the need for deterrence. The order suspending the custodial sentence was unjustified; an immediate custodial sentence was warranted.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Suspension of sentence removed; offender to serve twelve months' imprisonment, less credit for 137 days already served
  • Offender to surrender to custody by 1pm the following day