Lungley, R. v [2025] EWCA Crim 428 (18 March 2025)
The judge properly exercised discretion in refusing to suspend the sentence, having considered all relevant factors and the Imposition Guideline; the decision was not wrong nor did it result in an excessive sentence.
- Citation
- [2025] EWCA Crim 428
- Parties
- Prosecution: Rex; Appellant: Brian Lungley
- Jurisdiction
- England and Wales
- Judgment Date
- 18 March 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Intentional Strangulation, Suspended Sentences, Domestic Violence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Brian Lungley
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the refusal to suspend the custodial sentence rendered the sentence excessive
Ratio Decidendi
The judge properly exercised discretion in refusing to suspend the sentence, having considered all relevant factors and the Imposition Guideline; the decision was not wrong nor did it result in an excessive sentence.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
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