Ebbs, R. v

Ebbs, R. v

The trial judge erred by not obtaining a pre-sentence report and failing to properly consider suspension of the custodial sentence; given the appellant's mitigation and circumstances, the sentence should have been suspended or reduced.

Parties
Prosecution: Regina; Appellant: Chris Ebbs
Jurisdiction
England and Wales
Judgment Date
05 February 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Affray, Pre Sentence Report, Suspension of Custodial Sentence
Criminal Law Sentencing Affray Pre Sentence Report Suspension of Custodial Sentence

Case Brief

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Parties

Regina

Prosecution

Chris Ebbs

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to order a pre-sentence report before sentencing the appellant
  2. 2 Whether the trial judge erred in not suspending the custodial sentence imposed on the appellant

Ratio Decidendi

The trial judge erred by not obtaining a pre-sentence report and failing to properly consider suspension of the custodial sentence; given the appellant's mitigation and circumstances, the sentence should have been suspended or reduced.

Court Disposition

appeal allowed

Orders

  • Original sentence of 12 months' imprisonment substituted with 6 months' imprisonment.
  • Appellant to be released immediately due to time served.