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
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Daryl Hood
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences for intentional strangulation and controlling/coercive behaviour were manifestly excessive
- 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.
Full Case Text
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