R v BJR & Anor

R v BJR & Anor

The original sentence was excessive due to insufficient weight given to substantial mitigation and step 5 considerations; a two-year suspended sentence was justified to avoid disproportionate harm to the children and family.

Source-derived case information.

Parties
Applicant: BJR; Applicant: AFW; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
07 October 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Child Cruelty, Sentencing Guidelines, Parental Responsibility, Mitigation, Suspended Sentences
Criminal Law Child Protection Child Cruelty Sentencing Guidelines Parental Responsibility Mitigation Suspended Sentences

Source-derived case record

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Parties

BJR

Applicant

AFW

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence was excessive given the facts and guidelines
  2. 2 Proper categorisation of culpability under Child Cruelty guideline
  3. 3 Appropriate adjustment for aggravating and mitigating factors

Ratio Decidendi

The original sentence was excessive due to insufficient weight given to substantial mitigation and step 5 considerations; a two-year suspended sentence was justified to avoid disproportionate harm to the children and family.

Court Disposition

appeal allowed

Orders

  • Sentences of three years' imprisonment quashed
  • Substituted sentence of two years' imprisonment for each appellant, suspended for two years