Matthews, R v [2009] EWCA Crim 1450 (25 June 2009)

Matthews, R v [2009] EWCA Crim 1450 (25 June 2009)

The sentence of three years' imprisonment was not manifestly excessive given the seriousness of the underlying offence (manslaughter), the persistent and deliberate nature of the applicant's conduct, and the significant impact on the course of justice. The sentencing judge properly considered all relevant factors and there was no error in approach.

Citation
[2009] EWCA Crim 1450
Parties
Respondent: Regina; Applicant: David Peter Matthews
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal against sentence refused
Legal Topics
Perverting the Course of Justice, Sentencing, Mitigation, Health and Safety Offences, Manslaughter
Criminal Law Perverting the Course of Justice Sentencing Mitigation Health and Safety Offences Manslaughter

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Parties

Regina

Respondent

David Peter Matthews

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three years' imprisonment for perverting the course of justice was manifestly excessive
  2. 2 Whether the sentencing judge gave adequate weight to mitigating factors

Ratio Decidendi

The sentence of three years' imprisonment was not manifestly excessive given the seriousness of the underlying offence (manslaughter), the persistent and deliberate nature of the applicant's conduct, and the significant impact on the course of justice. The sentencing judge properly considered all relevant factors and there was no error in approach.

Court Disposition

application for permission to appeal against sentence refused