Swallow, R v

Swallow, R v

The sentencing judge was entitled to categorize the offences as Category 1A due to persistent and aggravated breaches, and the sentences, including their concurrency and consecutiveness, were justified and properly reduced for totality. The appeal had no prospect of success.

Parties
Prosecution: Regina; Applicant: Daniel Swallow
Jurisdiction
England and Wales
Judgment Date
06 November 2019
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal against sentence 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 / Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 40 months' imprisonment was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the sentencing guidelines
  3. 3 Whether sufficient reduction was given for totality and personal mitigation

Ratio Decidendi

The sentencing judge was entitled to categorize the offences as Category 1A due to persistent and aggravated breaches, and the sentences, including their concurrency and consecutiveness, were justified and properly reduced for totality. The appeal had no prospect of success.

Court Disposition

application for permission to appeal against sentence refused

Orders

  • 28-day loss of time order imposed on the applicant