Swallow, R v [2019] EWCA Crim 2105 (6 November 2019)

Swallow, R v [2019] EWCA Crim 2105 (6 November 2019)

The sentencing judge was entitled to categorise the offences as Category 1A due to persistent breaches and aggravating factors; the totality principle and reductions for guilty plea were properly applied; the sentence was not excessive.

Citation
[2019] EWCA Crim 2105
Parties
Prosecution: Regina; Applicant: Daniel Swallow
Jurisdiction
England and Wales
Judgment Date
06 November 2019
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
application refused
Legal Topics
Sentencing, Breach of Non Molestation Order, Assault, Witness Intimidation, Benefit Fraud, Totality Principle
Criminal Law Sentencing Breach of Non Molestation Order Assault Witness Intimidation Benefit Fraud Totality Principle

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Parties

Regina

Prosecution

Daniel Swallow

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 40 months' imprisonment was excessive
  2. 2 Proper categorisation of offences under sentencing guidelines
  3. 3 Application of totality and mitigation in sentencing

Ratio Decidendi

The sentencing judge was entitled to categorise the offences as Category 1A due to persistent breaches and aggravating factors; the totality principle and reductions for guilty plea were properly applied; the sentence was not excessive.

Court Disposition

application refused

Orders

  • 28-day loss of time order imposed