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
Summary, issues, holding and outcome
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Parties
Daryll Marsh
Appellant
Jade Stokes
Appellant
Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Proper categorisation of offence under Sentencing Guidelines Council guidelines
- 2 Assessment of harm and culpability for sentencing
- 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.
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