Marsh & Anor, R v [2011] EWCA Crim 3190 (9 December 2011)

Marsh & Anor, R v [2011] EWCA Crim 3190 (9 December 2011)

The offence was correctly categorised as category 1 due to serious harm and high culpability; the sentences imposed were not manifestly excessive and reflected appropriate reductions for personal mitigation.

Citation
[2011] EWCA Crim 3190
Parties
Appellant: Daryll Marsh; Appellant: Jade Stokes; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
09 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Unlawful Wounding, Application of Sentencing Guidelines

Case Brief

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Parties

Daryll Marsh

Appellant

Jade Stokes

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Proper categorisation of offence under Sentencing Guidelines Council guidelines
  2. 2 Assessment of harm and culpability for sentencing
  3. 3 Whether sentences were manifestly excessive

Ratio Decidendi

The offence was correctly categorised as category 1 due to serious harm and high culpability; the sentences imposed were not manifestly excessive and reflected appropriate reductions for personal mitigation.

Court Disposition

appeal dismissed

Orders

  • Sentences of 2 years for Marsh and 20 months for Stokes upheld.