R v Bryan Bowater

R v Bryan Bowater

The sentence of three months' immediate imprisonment was manifestly excessive given the categorisation of the offence, its short duration, and the lack of explanation for placing the offence at the top of the category range. The correct sentence would have been a high level Community Order, but given the time...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Bryan Bowater
Jurisdiction
England and Wales
Judgment Date
24 June 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sexual Assault, Sentencing, Appeal Against Sentence, Application of Sentencing Guidelines
Criminal Law Sexual Assault Sentencing Appeal Against Sentence Application of Sentencing Guidelines

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Parties

Regina

Respondent

Bryan Bowater

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the relevant sentencing guidelines

Ratio Decidendi

The sentence of three months' immediate imprisonment was manifestly excessive given the categorisation of the offence, its short duration, and the lack of explanation for placing the offence at the top of the category range. The correct sentence would have been a high level Community Order, but given the time already served, the appropriate sentence is imprisonment for time served (25 days).

Court Disposition

appeal allowed; sentence reduced

Orders

  • Permission to appeal granted
  • Appeal allowed