Corcoran, , R. v

The sentencing judge erred by appearing to sentence for uncharged offences. Considering only the offence charged, the sentence was excessive and should be reduced to 12 months' imprisonment.

Parties: Prosecutor: Regina; Appellant: Barrie Corcoran
Jurisdiction: England and Wales
Judgment Date: 30 September 2005
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Perverting the Course of Justice, Sentencing, Driving Offences, Appeals

Criminal Law Perverting the Course of Justice Sentencing Driving Offences Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5

Parties

Regina

Prosecutor

Barrie Corcoran

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed for perverting the course of justice was excessive
2 Whether the sentencing judge improperly considered uncharged offences

Ratio Decidendi

The sentencing judge erred by appearing to sentence for uncharged offences. Considering only the offence charged, the sentence was excessive and should be reduced to 12 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

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