Graham, R. v (Rev 1) [2020] EWCA Crim 1693 (03 December 2020)

Graham, R. v (Rev 1) [2020] EWCA Crim 1693 (03 December 2020)

The sentencing judge was entitled, in light of the cumulative exceptional circumstances—acquittal on one count, lack of previous convictions, significant delay, mental health issues, and Covid-19 prison conditions—to suspend the custodial sentence for perverting the course of justice; the sentence was not unduly lenient.

Citation
[2020] EWCA Crim 1693
Parties
Prosecution: Regina; Respondent: David George Graham
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
Application for leave refused
Legal Topics
Perverting the Course of Justice, Sentencing, Suspended Sentences, Unduly Lenient Sentences, Mitigation
Criminal Law Perverting the Course of Justice Sentencing Suspended Sentences Unduly Lenient Sentences Mitigation

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Parties

Regina

Prosecution

David George Graham

Respondent

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the suspension of a custodial sentence for perverting the course of justice was unduly lenient
  2. 2 Whether the sentencing judge acted outside the reasonable range of discretion

Ratio Decidendi

The sentencing judge was entitled, in light of the cumulative exceptional circumstances—acquittal on one count, lack of previous convictions, significant delay, mental health issues, and Covid-19 prison conditions—to suspend the custodial sentence for perverting the course of justice; the sentence was not unduly lenient.

Court Disposition

Application for leave refused

Orders

  • Leave to refer sentence as unduly lenient is refused