R v Martyn Johnson

R v Martyn Johnson

Although the sentencing remarks could be read as giving undue weight to the victim's wishes, the sentence imposed was not unduly lenient because the custodial threshold had been crossed but the effective sentence had already been served in custody and on curfew. The judge's decision was within the range of...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: Martyn Johnson
Jurisdiction
England and Wales
Judgment Date
16 April 2026
Procedural Posture
Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence
Outcome
Reference granted; reference dismissed
Legal Topics
Stalking, Sentencing, Domestic Abuse, Attorney General's Reference, Conditional Discharge
Criminal Law Stalking Sentencing Domestic Abuse Attorney General's Reference Conditional Discharge

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Parties

Attorney General

Applicant

Martyn Johnson

Respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentence imposed for stalking involving serious alarm or distress was unduly lenient
  2. 2 Whether the judge erred by relying on the victim's wishes and time served in custody to reduce the sentence

Ratio Decidendi

Although the sentencing remarks could be read as giving undue weight to the victim's wishes, the sentence imposed was not unduly lenient because the custodial threshold had been crossed but the effective sentence had already been served in custody and on curfew. The judge's decision was within the range of reasonable sentences.

Court Disposition

Reference granted; reference dismissed

Orders

  • Leave for the Attorney General's Reference granted
  • Reference dismissed; sentence not increased