Jode, R. v [2025] EWCA Crim 1617 (21 November 2025)

Jode, R. v [2025] EWCA Crim 1617 (21 November 2025)

The judge erred by sentencing without a pre-sentence report and necessary assessments, failing to properly consider whether the custodial sentence could be suspended; with the benefit of post-appeal reports, the custodial sentence can be suspended due to realistic prospects of rehabilitation and low risk of re-offending.

Citation
[2025] EWCA Crim 1617
Parties
Prosecution: Rex; Appellant: David Ian Jode
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Suspended Sentences, Pre Sentence Reports, Rehabilitation, Imitation Firearms, Assault Occasioning Actual Bodily Harm
Criminal Law Sentencing Suspended Sentences Pre Sentence Reports Rehabilitation Imitation Firearms Assault Occasioning Actual Bodily Harm

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Parties

Rex

Prosecution

David Ian Jode

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge erred in proceeding to sentence without a pre-sentence report
  2. 2 Whether the custodial sentence could be suspended

Ratio Decidendi

The judge erred by sentencing without a pre-sentence report and necessary assessments, failing to properly consider whether the custodial sentence could be suspended; with the benefit of post-appeal reports, the custodial sentence can be suspended due to realistic prospects of rehabilitation and low risk of re-offending.

Court Disposition

appeal allowed

Orders

  • The sentences of 18 months' imprisonment for possessing a firearm with intent to cause fear of violence and eight months' imprisonment for assault occasioning actual bodily harm, to run concurrently, are suspended for 18 months.
  • Suspended sentence order includes: up to 12 sessions of mental health treatment by Devon Partnership Trust; alcohol treatment for six months by We Are With You in Cornwall; up to 10 days of rehabilitation activity as instructed by probation officer.