R v Daniel Berriman

R v Daniel Berriman

The uplift for racial aggravation was too high and should be reduced; consecutive sentence for common assault was disproportionate; conviction for both harassment and racially aggravated harassment for same conduct was wrong in principle.

Parties
Prosecution: Rex; Appellant: Daniel Berriman
Jurisdiction
England and Wales
Judgment Date
06 May 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Racially Aggravated Offences, Harassment, Common Assault, Breach of Restraining Order, Criminal Damage, Totality Principle
Criminal Law Sentencing Racially Aggravated Offences Harassment Common Assault Breach of Restraining Order Criminal Damage Totality Principle

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Parties

Rex

Prosecution

Daniel Berriman

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence for racially aggravated common assault was manifestly excessive
  2. 2 Appropriateness of uplift for racial aggravation
  3. 3 Application of the principle of totality in sentencing consecutive offences

Ratio Decidendi

The uplift for racial aggravation was too high and should be reduced; consecutive sentence for common assault was disproportionate; conviction for both harassment and racially aggravated harassment for same conduct was wrong in principle.

Court Disposition

appeal allowed in part

Orders

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