Gibson, R v

Gibson, R v

The sentence of 12 months' custody was not wrong in principle or manifestly excessive given the seriousness of the offences, the aggravating features, and the judge's proper consideration of mitigation.

Parties
Prosecutor: Regina; Appellant: Daryl Gibson
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Dangerous Driving, Aggravated Vehicle Taking, Driving Under the Influence, Military Service and Sentencing
Criminal Law Sentencing Dangerous Driving Aggravated Vehicle Taking Driving Under the Influence Military Service and Sentencing

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Parties

Regina

Prosecutor

Daryl Gibson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 12 months' custody was wrong in principle or manifestly excessive
  2. 2 Whether the appellant's military service and mitigation justified a non-custodial sentence

Ratio Decidendi

The sentence of 12 months' custody was not wrong in principle or manifestly excessive given the seriousness of the offences, the aggravating features, and the judge's proper consideration of mitigation.

Court Disposition

appeal dismissed

Orders

  • Sentence of 12 months' custody upheld