R v Daniel Plackett

R v Daniel Plackett

The compensation order for Ms Taylor was appropriate given her physical and mental injuries and the appellant’s means, but the order for PC Keat was manifestly excessive given the lesser injury and should be reduced to £700. The judge should have made a more direct inquiry and given reasons, but had sufficient information to make the orders.

Parties
Prosecutor: Rex; Appellant: Daniel Plackett
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence (compensation Orders)
Outcome
Appeal allowed in part
Legal Topics
Compensation Orders, Assessment of Means, Sentencing Guidelines
Criminal Law Sentencing Compensation Orders Assessment of Means Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecutor

Daniel Plackett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (compensation Orders)

Legal Issues

  1. 1 Whether the compensation orders were commensurate with the injuries sustained
  2. 2 Whether the judge failed to invite submissions on compensation and failed to consider the appellant's means
  3. 3 Whether the judge gave adequate reasons for the compensation orders

Ratio Decidendi

The compensation order for Ms Taylor was appropriate given her physical and mental injuries and the appellant’s means, but the order for PC Keat was manifestly excessive given the lesser injury and should be reduced to £700. The judge should have made a more direct inquiry and given reasons, but had sufficient information to make the orders.

Court Disposition

Appeal allowed in part

Orders

  • Compensation order for Ms Taylor (£2,000) upheld; instalments to continue as previously ordered.
  • Compensation order for PC Keat reduced from £2,000 to £700; no further compensation payable to PC Keat.