Bitton, R. v

Bitton, R. v

The original sentence of 4 years was manifestly excessive when compared to similar cases. After considering the appellant's lack of previous similar convictions, his early guilty plea, and the guidance from comparable authorities, the appropriate sentence after trial would have been 4 years, reduced to 2 years 8 months for the guilty plea.

Parties
Prosecutor: Regina; Appellant: David Bitton
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
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

Case Brief

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Parties

Regina

Prosecutor

David Bitton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 4 years' imprisonment was manifestly excessive for offences of publishing threatening, abusive or insulting material with intent to stir up racial and religious hatred

Ratio Decidendi

The original sentence of 4 years was manifestly excessive when compared to similar cases. After considering the appellant's lack of previous similar convictions, his early guilty plea, and the guidance from comparable authorities, the appropriate sentence after trial would have been 4 years, reduced to 2 years 8 months for the guilty plea.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentences of 4 years' imprisonment quashed and substituted with sentences of 2 years and 8 months on each count, to run concurrently.