R v Daryl Hood

R v Daryl Hood

The sentence for intentional strangulation was manifestly excessive compared to guidance in R v Cook; a sentence at trial of 30 months (20 months after credit) was appropriate. The sentence for controlling/coercive behaviour was not excessive. Consecutive sentences for two serious separate offences were justified. Totality was properly considered.

Parties
Prosecutor: Rex; Appellant: Daryl Hood
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Intentional Strangulation, Controlling or Coercive Behaviour, Common Assault, Possession of Controlled Drugs, Obstructing a Constable

Case Brief

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Parties

Rex

Prosecutor

Daryl Hood

Appellant

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the sentences for intentional strangulation and controlling/coercive behaviour were manifestly excessive
  2. 2 Whether the Learned Recorder properly considered totality in ordering consecutive sentences

Ratio Decidendi

The sentence for intentional strangulation was manifestly excessive compared to guidance in R v Cook; a sentence at trial of 30 months (20 months after credit) was appropriate. The sentence for controlling/coercive behaviour was not excessive. Consecutive sentences for two serious separate offences were justified. Totality was properly considered.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 28 months for intentional strangulation quashed and substituted with 20 months' imprisonment.
  • Total sentence reduced to 41 months' imprisonment.