Byron, R. v [2024] EWCA Crim 818 (05 June 2024)

Byron, R. v [2024] EWCA Crim 818 (05 June 2024)

The sentencing judge erred by failing to give adequate consideration to the appellant's dependent child and pregnancy as mitigating factors and by insufficiently distinguishing her lesser role and shorter involvement from co-defendants. The original sentence was manifestly excessive. The appropriate sentence is 21 months' imprisonment, suspended for 24 months.

Citation
[2024] EWCA Crim 818
Parties
Prosecution: Rex; Appellant: Charlotte Byron
Jurisdiction
England and Wales
Judgment Date
05 June 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Conspiracy to Commit Fraud, Sentencing, Mitigation, Bias and Fairness in Sentencing, Suspended Sentences
Criminal Law Conspiracy to Commit Fraud Sentencing Mitigation Bias and Fairness in Sentencing Suspended Sentences

Case Brief

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Parties

Rex

Prosecution

Charlotte Byron

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was wrong in principle or manifestly excessive
  2. 2 Whether the sentencing judge failed to give adequate consideration to mitigation, including pregnancy and dependent child
  3. 3 Whether the judge's remarks indicated bias or unfairness

Ratio Decidendi

The sentencing judge erred by failing to give adequate consideration to the appellant's dependent child and pregnancy as mitigating factors and by insufficiently distinguishing her lesser role and shorter involvement from co-defendants. The original sentence was manifestly excessive. The appropriate sentence is 21 months' imprisonment, suspended for 24 months.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 27 months' immediate custody quashed
  • Substituted with 21 months' imprisonment suspended for 24 months