Walker & Ors, R. v [2023] EWCA Crim 707 (08 June 2023)

Walker & Ors, R. v [2023] EWCA Crim 707 (08 June 2023)

The sentences imposed, though arguably lenient, were not unduly so. The trial judge applied the correct legal principles, considered all relevant factors, and was best placed to determine sentence. There was no error of law or principle, and the sentences fell within the reasonable range for such offending.

Source-derived case information.

Citation
[2023] EWCA Crim 707
Parties
Applicant: Attorney General; Respondent: Mark Walker; Respondent: Damien Drackley; Respondent: Lorraine Frisby; Respondent: Leslie Allen
Jurisdiction
England and Wales
Judgment Date
08 June 2023
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference dismissed
Legal Topics
Conspiracy to Pervert the Course of Justice, Juries Act 1974 Offences, Sentencing, Unduly Lenient Sentence Reference
Criminal Law Conspiracy to Pervert the Course of Justice Juries Act 1974 Offences Sentencing Unduly Lenient Sentence Reference

Source-derived case record

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Mark Walker

Respondent

Damien Drackley

Respondent

Lorraine Frisby

Respondent

Leslie Allen

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 sentences imposed for conspiracy to pervert the course of justice and Juries Act offences were unduly lenient
  2. 2 Whether the sentencing judge failed to reflect the seriousness of the offending and the need for deterrence

Ratio Decidendi

The sentences imposed, though arguably lenient, were not unduly so. The trial judge applied the correct legal principles, considered all relevant factors, and was best placed to determine sentence. There was no error of law or principle, and the sentences fell within the reasonable range for such offending.

Court Disposition

Reference dismissed

Orders

  • Leave to bring the Reference granted
  • Reference dismissed; sentences not increased