Ebbs, R. v [2019] EWCA Crim 175 (05 February 2019)

Ebbs, R. v [2019] EWCA Crim 175 (05 February 2019)

The sentencing judge erred in failing to obtain a pre-sentence report and in not properly considering whether the custodial sentence should be suspended in accordance with statutory requirements and sentencing guidelines. Given the appellant's circumstances and mitigation, the sentence should have been suspended or reduced.

Citation
[2019] EWCA Crim 175
Parties
Prosecution: Regina; Appellant: Chris Ebbs
Jurisdiction
England and Wales
Judgment Date
05 February 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; sentence reduced
Legal Topics
Sentencing, Affray, Pre Sentence Reports, Suspended Sentences
Criminal Law Sentencing Affray Pre Sentence Reports Suspended Sentences

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Chris Ebbs

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to order a pre-sentence report before imposing a custodial sentence
  2. 2 Whether the custodial sentence should have been suspended

Ratio Decidendi

The sentencing judge erred in failing to obtain a pre-sentence report and in not properly considering whether the custodial sentence should be suspended in accordance with statutory requirements and sentencing guidelines. Given the appellant's circumstances and mitigation, the sentence should have been suspended or reduced.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Substitute sentence of 6 months' imprisonment for 12 months' imprisonment
  • Appellant to be released immediately due to time served