Gower & Ors, R. v [2022] EWCA Crim 808 (08 June 2022)

Gower & Ors, R. v [2022] EWCA Crim 808 (08 June 2022)

The original sentence of 18 months' imprisonment was manifestly excessive given the appellants' youth, previous good character, remorse, personal mitigation, and the significant delay between offence and sentencing. The appropriate sentence for each appellant is nine months' imprisonment. The time already served in custody justifies not suspending the sentence.

Citation
[2022] EWCA Crim 808
Parties
Prosecution: Regina; Appellant: Daniel Gower; Appellant: Sean Watkins; Appellant: Laura Paul
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Ill Treatment or Wilful Neglect by Care Worker, Application of Sentencing Guidelines, Suspension of Custodial Sentences
Criminal Law Sentencing Ill Treatment or Wilful Neglect by Care Worker Application of Sentencing Guidelines Suspension of Custodial Sentences

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Parties

Regina

Prosecution

Daniel Gower

Appellant

Sean Watkins

Appellant

Laura Paul

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment was manifestly excessive for ill-treatment or wilful neglect by a care worker
  2. 2 Whether the custodial sentence should have been suspended

Ratio Decidendi

The original sentence of 18 months' imprisonment was manifestly excessive given the appellants' youth, previous good character, remorse, personal mitigation, and the significant delay between offence and sentencing. The appropriate sentence for each appellant is nine months' imprisonment. The time already served in custody justifies not suspending the sentence.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Quash the sentence of 18 months' imprisonment imposed below for each appellant and substitute a sentence of nine months' imprisonment for each.
  • Quash the statutory surcharge order of £156 and substitute an order for £140 for each appellant.