Osbourne, R. v

Osbourne, R. v

The judge had no power to resentence for the original offence after the community order was revoked; the sentence of two years for perverting the course of justice was manifestly excessive and should be reduced to 18 months.

Parties
Applicant: Christopher Osbourne; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Fraud, Perverting the Course of Justice, Sentencing, Breach of Community Order
Criminal Law Fraud Perverting the Course of Justice Sentencing Breach of Community Order

Case Brief

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Parties

Christopher Osbourne

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge had power to resentence for the original offence after the community order was revoked
  2. 2 Whether the sentence for perverting the course of justice was manifestly excessive

Ratio Decidendi

The judge had no power to resentence for the original offence after the community order was revoked; the sentence of two years for perverting the course of justice was manifestly excessive and should be reduced to 18 months.

Court Disposition

appeal allowed in part

Orders

  • sentence of three months' imprisonment for original offence quashed
  • sentence of two years' imprisonment for perverting the course of justice quashed and substituted with 18 months' imprisonment