F, R. v

F, R. v

The judge did not err in proceeding with the trial in the appellant's absence to the limited extent that he did, as the appellant was represented, had access to the evidence, and was able to give evidence in his own defence. However, the sentence of two years' imprisonment was excessive given the appellant's age at the time of offence, the long period of good character, and his grave ill health. The sentence is reduced to one year on all counts concurrent.

Parties
Appellant: F; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Criminal Appeal / Judgment After Full Appeal Hearing
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Indecent Assault, Indecency With a Child, Trial in Absence of Defendant, Sentencing, Abuse of Process, Mitigation Due to Ill Health
Criminal Law Indecent Assault Indecency With a Child Trial in Absence of Defendant Sentencing Abuse of Process Mitigation Due to Ill Health

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Parties

F

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment After Full Appeal Hearing

Legal Issues

  1. 1 Whether the trial judge erred in proceeding with the trial in the absence of the appellant due to illness
  2. 2 Whether the sentence of two years' imprisonment was manifestly excessive given the appellant's age at the time of offence, delay, character, and health

Ratio Decidendi

The judge did not err in proceeding with the trial in the appellant's absence to the limited extent that he did, as the appellant was represented, had access to the evidence, and was able to give evidence in his own defence. However, the sentence of two years' imprisonment was excessive given the appellant's age at the time of offence, the long period of good character, and his grave ill health. The sentence is reduced to one year on all counts concurrent.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • sentence of two years' imprisonment quashed and replaced with one year's imprisonment on all counts concurrent