Brooks, R. v

Brooks, R. v

Although the offences were serious and warranted immediate imprisonment, the total sentence should reflect the principle of totality and the significant personal consequences suffered by the appellant; thus, the sentence was reduced by making one count concurrent rather than consecutive.

Parties
Prosecutor: Regina; Appellant: Benjamin Brooks
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Appeals, Youth Justice, Intimidation
Criminal Law Sexual Offences Sentencing Appeals Youth Justice Intimidation

Case Brief

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Parties

Regina

Prosecutor

Benjamin Brooks

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentence should have been suspended
  3. 3 Whether consecutive sentences were appropriate

Ratio Decidendi

Although the offences were serious and warranted immediate imprisonment, the total sentence should reflect the principle of totality and the significant personal consequences suffered by the appellant; thus, the sentence was reduced by making one count concurrent rather than consecutive.

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