Corcoran, , R. v [2005] EWCA Crim 2586 (30 September 2005)

Corcoran, , R. v [2005] EWCA Crim 2586 (30 September 2005)

The sentencing judge erred by appearing to sentence for uncharged offences; the sentence for perverting the course of justice was excessive in the circumstances and should be reduced to 12 months' imprisonment, reflecting the seriousness of the offence charged and mitigating factors.

Citation
[2005] EWCA Crim 2586
Parties
Prosecution: Regina; Appellant: Barrie Corcoran
Jurisdiction
England and Wales
Judgment Date
30 September 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced on appeal
Legal Topics
Perverting the Course of Justice, Sentencing, Driving Offences, Mitigation, Appeal Against Sentence
Criminal Law Perverting the Course of Justice Sentencing Driving Offences Mitigation Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Barrie Corcoran

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for perverting the course of justice was excessive
  2. 2 Whether the sentencing judge erred by considering uncharged offences in determining sentence

Ratio Decidendi

The sentencing judge erred by appearing to sentence for uncharged offences; the sentence for perverting the course of justice was excessive in the circumstances and should be reduced to 12 months' imprisonment, reflecting the seriousness of the offence charged and mitigating factors.

Court Disposition

sentence reduced on appeal

Orders

  • Sentence of 18 months' imprisonment quashed
  • Substituted sentence of 12 months' imprisonment