Berriman, R. v [2024] EWCA Crim 574 (10 May 2024)

Berriman, R. v [2024] EWCA Crim 574 (10 May 2024)

The uplift applied for the racial aggravation in the sentence for racially aggravated common assault was excessive and should be reduced; convictions and sentences for both harassment and racially aggravated harassment for the same conduct are wrong in principle; consecutive sentences for overlapping offences were disproportionate and should be quashed or substituted with no separate penalty.

Citation
[2024] EWCA Crim 574
Parties
Prosecution: Rex; Appellant: Daniel Berriman
Jurisdiction
England and Wales
Judgment Date
10 May 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Racially Aggravated Offences, Assault, Harassment, Breach of Restraining Order, Criminal Damage, Principle of Totality
Criminal Law Sentencing Racially Aggravated Offences Assault Harassment Breach of Restraining Order Criminal Damage Principle of Totality

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Parties

Rex

Prosecution

Daniel Berriman

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentence for racially aggravated common assault was manifestly excessive
  2. 2 Whether the uplift for racial aggravation was excessive
  3. 3 Whether consecutive sentences for overlapping offences respected the principle of totality

Ratio Decidendi

The uplift applied for the racial aggravation in the sentence for racially aggravated common assault was excessive and should be reduced; convictions and sentences for both harassment and racially aggravated harassment for the same conduct are wrong in principle; consecutive sentences for overlapping offences were disproportionate and should be quashed or substituted with no separate penalty.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence for racially aggravated common assault (charge 1) reduced from 14 months to 12 months' imprisonment
  • Sentence for harassment quashed and substituted with no separate penalty