R v BRD

R v BRD

The total sentence of five years' imprisonment was manifestly excessive because the Recorder failed to give sufficient effect to the principle of totality. The sentence for count 2 was reduced to ensure the overall sentence was just and proportionate. All other aspects of sentencing remained unchanged.

Parties
Prosecutor: Rex; Appellant: BRD
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Indecent Images, Voyeurism, Sentencing, Appeal, Totality Principle
Criminal Law Sexual Offences Indecent Images Voyeurism Sentencing Appeal Totality Principle

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Rex

Prosecutor

BRD

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellant were manifestly excessive
  2. 2 Whether the principle of totality was properly applied in sentencing
  3. 3 Whether consecutive sentences were appropriate for the offences

Ratio Decidendi

The total sentence of five years' imprisonment was manifestly excessive because the Recorder failed to give sufficient effect to the principle of totality. The sentence for count 2 was reduced to ensure the overall sentence was just and proportionate. All other aspects of sentencing remained unchanged.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 2 reduced from 21 months to 11 months' imprisonment
  • Overall sentence reduced from five years (60 months) to four years and two months (50 months) imprisonment