Bitton, R. v [2019] EWCA Crim 1372 (05 June 2019)

Bitton, R. v [2019] EWCA Crim 1372 (05 June 2019)

The sentence of four years' imprisonment was manifestly excessive in light of comparative case law and the appellant's lack of prior similar convictions; after maximum credit for guilty plea, the appropriate sentence is two years and eight months concurrent on each count.

Citation
[2019] EWCA Crim 1372
Parties
Prosecution: Regina; Appellant: David Bitton
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Stirring Up Racial Hatred, Stirring Up Religious Hatred, Sentencing, Social Media Offences
Criminal Law Stirring Up Racial Hatred Stirring Up Religious Hatred Sentencing Social Media Offences

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Parties

Regina

Prosecution

David Bitton

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed for offences of stirring up racial and religious hatred via Twitter was manifestly excessive
  2. 2 Appropriate sentencing range for such offences given comparative case law
  3. 3 Consideration of mitigating and aggravating factors

Ratio Decidendi

The sentence of four years' imprisonment was manifestly excessive in light of comparative case law and the appellant's lack of prior similar convictions; after maximum credit for guilty plea, the appropriate sentence is two years and eight months concurrent on each count.

Court Disposition

appeal allowed

Orders

  • Sentences of four years' imprisonment quashed
  • Substituted sentences of two years and eight months' imprisonment concurrent on each count