R v David Moore

R v David Moore

The sentencing judge properly applied the relevant guidelines, weighed aggravating and mitigating factors, and was entitled to conclude that only an immediate custodial sentence was appropriate for this unprovoked, serious offence; the sentence was not manifestly excessive and the appeal is dismissed.

Parties
Prosecution: Rex; Appellant: David Moore
Jurisdiction
England and Wales
Judgment Date
02 December 2025
Procedural Posture
Criminal Appeal / Judgment on 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 / Judgment on 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 properly applied the relevant guidelines, weighed aggravating and mitigating factors, and was entitled to conclude that only an immediate custodial sentence was appropriate for this unprovoked, serious offence; the sentence was not manifestly excessive and the appeal is dismissed.

Court Disposition

appeal dismissed