Moore (aka Newton), R v

Moore (aka Newton), R v

The sentence of 12 months' imprisonment suspended for 18 months was unlawful as it exceeded statutory limits for summary offences; the proper sentence was four months' imprisonment on each count, concurrent and suspended for 18 months.

Parties
Prosecution: Regina; Applicant: Christopher Moore (aka Newton)
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Domestic Violence, Sentencing, Common Assault, Summary Offences, Suspended Sentences
Criminal Law Domestic Violence Sentencing Common Assault Summary Offences Suspended Sentences

Case Brief

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Parties

Regina

Prosecution

Christopher Moore (aka Newton)

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was lawful under section 39 Criminal Justice Act 1988
  2. 2 Appropriate sentencing for domestic violence offences
  3. 3 Effect of victim's wishes on sentencing

Ratio Decidendi

The sentence of 12 months' imprisonment suspended for 18 months was unlawful as it exceeded statutory limits for summary offences; the proper sentence was four months' imprisonment on each count, concurrent and suspended for 18 months.

Court Disposition

appeal allowed

Orders

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