R v Donna Foster

R v Donna Foster

The judge was entitled to impose an immediate custodial sentence due to the seriousness of the malicious communications, and the approach to mitigation and guilty plea credit was consistent with applicable guidelines; there was no error in principle or manifest excess.

Parties
Prosecution: Rex; Applicant: Donna Foster
Jurisdiction
England and Wales
Judgment Date
18 September 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal against sentence refused
Legal Topics
Malicious Communications, Sentencing, Mitigation, Suspension of Sentence, Guilty Plea Credit
Criminal Law Malicious Communications Sentencing Mitigation Suspension of Sentence Guilty Plea Credit

Case Brief

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Parties

Rex

Prosecution

Donna Foster

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge sentenced the applicant for an offence she did not commit
  3. 3 Whether sufficient regard was had to personal mitigation

Ratio Decidendi

The judge was entitled to impose an immediate custodial sentence due to the seriousness of the malicious communications, and the approach to mitigation and guilty plea credit was consistent with applicable guidelines; there was no error in principle or manifest excess.

Court Disposition

leave to appeal against sentence refused

Orders

  • sentence of 13 months immediate custody to remain
  • Ms Foster to be released on home detention curfew at the beginning of September