Gyi & Anor, R. v [2011] EWCA Crim 1309 (19 April 2011)

Gyi & Anor, R. v [2011] EWCA Crim 1309 (19 April 2011)

Given the seriousness of the offence, the lack of serious damage or injury, immediate admissions, palpable remorse, early guilty pleas, and positive testimonials, the appropriate sentence after trial would not exceed 18 months, and with full credit for mitigation, a suspended sentence of 51 weeks' imprisonment with unpaid work is justified.

Citation
[2011] EWCA Crim 1309
Parties
Prosecution: Regina; Applicant: Daniel Gyi; Applicant: Joshua Charles Hart
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Criminal Damage, Recklessness, Sentencing, Suspended Sentence
Criminal Law Criminal Damage Recklessness Sentencing Suspended Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Daniel Gyi

Applicant

Joshua Charles Hart

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the immediate custodial sentence was wrong in principle or manifestly excessive
  2. 2 Whether the length of the custodial sentence was manifestly excessive

Ratio Decidendi

Given the seriousness of the offence, the lack of serious damage or injury, immediate admissions, palpable remorse, early guilty pleas, and positive testimonials, the appropriate sentence after trial would not exceed 18 months, and with full credit for mitigation, a suspended sentence of 51 weeks' imprisonment with unpaid work is justified.

Court Disposition

appeal allowed

Orders

  • Sentences of 2 years' imprisonment quashed
  • Each applicant to serve 51 weeks' imprisonment suspended for 12 months