Clarke, R. v [1999] EWCA Crim 1645 (15 June 1999)

Clarke, R. v [1999] EWCA Crim 1645 (15 June 1999)

The sentencing judge took too high a starting point by treating the offence as criminal contempt and gave undue weight to speculative consequences on the co-defendants' trial; a sentence of seven and a half months is appropriate.

Citation
[1999] EWCA Crim 1645
Parties
Respondent: Regina; Appellant: Christopher Clarke
Jurisdiction
England and Wales
Judgment Date
15 June 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Failure to Answer Bail, Sentencing, Bail Act 1976, Criminal Contempt
Criminal Law Failure to Answer Bail Sentencing Bail Act 1976 Criminal Contempt

Case Brief

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Parties

Regina

Respondent

Christopher Clarke

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of nine months' imprisonment for failing to answer bail was excessive
  2. 2 Whether the sentencing judge gave undue weight to the consequences of the appellant's absence on the co-defendants' trial
  3. 3 Whether sufficient credit was given for time served and mitigating factors

Ratio Decidendi

The sentencing judge took too high a starting point by treating the offence as criminal contempt and gave undue weight to speculative consequences on the co-defendants' trial; a sentence of seven and a half months is appropriate.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence of nine months' imprisonment substituted with seven and a half months' imprisonment
  • Applicant's sentence to be calculated from 17th January 1999