Moore (aka Newton), R v [2015] EWCA Crim 1621 (31 July 2015)

Moore (aka Newton), R v [2015] EWCA Crim 1621 (31 July 2015)

The sentence of 12 months' imprisonment suspended for 18 months was unlawful because the statutory maximum for summary offences under section 39 of the Criminal Justice Act 1988 is six months. The appropriate sentence is four months' imprisonment on each count, to run concurrently and suspended for 18 months.

Citation
[2015] EWCA Crim 1621
Parties
Prosecution: Regina; Appellant: Christopher Moore (aka Newton)
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Common Assault, Domestic Violence, Sentencing, Suspended Sentences, Unlawful Sentence
Criminal Law Common Assault Domestic Violence Sentencing Suspended Sentences Unlawful Sentence

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Parties

Regina

Prosecution

Christopher Moore (aka Newton)

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment suspended for 18 months for four offences of common assault was lawful
  2. 2 What the appropriate sentence should be given the statutory limits and the facts

Ratio Decidendi

The sentence of 12 months' imprisonment suspended for 18 months was unlawful because the statutory maximum for summary offences under section 39 of the Criminal Justice Act 1988 is six months. The appropriate sentence is four months' imprisonment on each count, to run concurrently and suspended for 18 months.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 12 months' imprisonment suspended for 18 months quashed
  • Concurrent terms of four months' imprisonment on each count, suspended for 18 months, imposed with effect from 28 February 2014