Moore, R, v [2025] EWCA Crim 119 (31 January 2025)

Moore, R, v [2025] EWCA Crim 119 (31 January 2025)

The sentencing judge correctly applied the relevant guidelines, weighed aggravating and mitigating factors, and was entitled to conclude that only an immediate custodial sentence was appropriate for the seriousness of the offence; the sentence was not manifestly excessive or wrong in principle.

Citation
[2025] EWCA Crim 119
Parties
Prosecution: Rex; Appellant: David Moore
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Grievous Bodily Harm, Suspended Sentences, Mitigation, Aggravating Factors
Criminal Law Sentencing Grievous Bodily Harm Suspended Sentences Mitigation Aggravating Factors

Case Brief

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Parties

Rex

Prosecution

David Moore

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge failed to sufficiently reduce the sentence for mitigating factors
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The sentencing judge correctly applied the relevant guidelines, weighed aggravating and mitigating factors, and was entitled to conclude that only an immediate custodial sentence was appropriate for the seriousness of the offence; the sentence was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed