Brooks, R. v [2017] EWCA Crim 1276 (15 August 2017)

Brooks, R. v [2017] EWCA Crim 1276 (15 August 2017)

The sentence imposed was excessive in failing to properly apply the principle of totality and to give sufficient weight to the appellant's mitigating circumstances; the sentence on count 2 should run concurrently with count 3, reducing the total imprisonment from 28 months to 22 months.

Citation
[2017] EWCA Crim 1276
Parties
Prosecution: Regina; Appellant: Benjamin Brooks
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Appeal, Totality Principle, Consecutive Sentences, Suspended Sentence
Criminal Law Sexual Offences Sentencing Appeal Totality Principle Consecutive Sentences Suspended Sentence

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Parties

Regina

Prosecution

Benjamin Brooks

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Was the sentence imposed excessive in light of the appellant's character and circumstances?
  2. 2 Should the sentence have been suspended?
  3. 3 Was the principle of totality properly applied to the consecutive sentences?

Ratio Decidendi

The sentence imposed was excessive in failing to properly apply the principle of totality and to give sufficient weight to the appellant's mitigating circumstances; the sentence on count 2 should run concurrently with count 3, reducing the total imprisonment from 28 months to 22 months.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 2 to run concurrently with count 3
  • Total term of imprisonment reduced from 28 months to 22 months