DM, R. v

DM, R. v

The sentencing judge took into account all relevant information regarding the appellant's health and age. The subsequent medical evidence of reduced life expectancy and deterioration in health does not justify a reduction in sentence. The appellant is receiving appropriate care in prison, and any further deterioration can be addressed by the Secretary of State through early release on compassionate grounds. The sentence is not manifestly excessive.

Parties
Appellant: DM; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
11 February 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Sexual Offences, Mitigation for Ill Health, Historic Sexual Offences, Appeal Against Sentence
Criminal Law Sentencing Sexual Offences Mitigation for Ill Health Historic Sexual Offences Appeal Against Sentence

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Parties

DM

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence sufficiently took into account the appellant's ill-health and reduced life expectancy
  2. 2 Whether subsequent deterioration in health justifies a reduction in sentence

Ratio Decidendi

The sentencing judge took into account all relevant information regarding the appellant's health and age. The subsequent medical evidence of reduced life expectancy and deterioration in health does not justify a reduction in sentence. The appellant is receiving appropriate care in prison, and any further deterioration can be addressed by the Secretary of State through early release on compassionate grounds. The sentence is not manifestly excessive.

Court Disposition

appeal dismissed