Patmore, R. v

Patmore, R. v

The sentence of 21 months was excessive because the practical consequence of the escape was a significantly increased period in custody due to parole consequences. A sentence of 15 months, to be served concurrently, is appropriate.

Parties
Prosecutor: Regina; Appellant: David Patmore
Jurisdiction
England and Wales
Judgment Date
26 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Escape From Lawful Custody, Sentencing, Mitigation, Parole Consequences
Criminal Law Escape From Lawful Custody Sentencing Mitigation Parole Consequences

Case Brief

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Parties

Regina

Prosecutor

David Patmore

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 21 months' imprisonment, consecutive to the existing sentence, for escape was manifestly excessive given the circumstances of the offence and its consequences.

Ratio Decidendi

The sentence of 21 months was excessive because the practical consequence of the escape was a significantly increased period in custody due to parole consequences. A sentence of 15 months, to be served concurrently, is appropriate.

Court Disposition

appeal allowed

Orders

  • Sentence of 21 months quashed.
  • Substitute sentence of 15 months' imprisonment.