B, R. v

B, R. v

Given the aggravating features, including the number of children, duration, and vulnerability, the sentence was not excessive and fell within the appropriate range of the guidelines. The judge was entitled to the starting point used, and the appeal is dismissed.

Parties
Prosecutor: Regina; Appellant: B
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Assault Occasioning Actual Bodily Harm, Cruelty to a Person Under 16, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Child Protection Assault Occasioning Actual Bodily Harm Cruelty to a Person Under 16 Sentencing Guidelines Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

B

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the circumstances and the Sentencing Guidelines Council's guidelines
  2. 2 Whether appropriate credit was given for the appellant's guilty plea

Ratio Decidendi

Given the aggravating features, including the number of children, duration, and vulnerability, the sentence was not excessive and fell within the appropriate range of the guidelines. The judge was entitled to the starting point used, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.