Agate, R. v [2023] EWCA Crim 1081 (08 September 2023)

Agate, R. v [2023] EWCA Crim 1081 (08 September 2023)

The appeal was refused because the sentence was within guideline ranges, the judge considered all relevant factors including health, and no new medical evidence justified interference; the grounds of appeal were wholly without merit.

Citation
[2023] EWCA Crim 1081
Parties
Prosecution: Regina; Applicant: Frank Ronald Agate
Jurisdiction
England and Wales
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal against sentence refused
Legal Topics
Sentencing, Sexual Offences, Appeals, Dangerousness, Mitigation
Criminal Law Sentencing Sexual Offences Appeals Dangerousness Mitigation

Case Brief

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Parties

Regina

Prosecution

Frank Ronald Agate

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether the applicant's health conditions justified a reduction in sentence or a suspended sentence

Ratio Decidendi

The appeal was refused because the sentence was within guideline ranges, the judge considered all relevant factors including health, and no new medical evidence justified interference; the grounds of appeal were wholly without merit.

Court Disposition

application for permission to appeal against sentence refused

Orders

  • 28 days in custody pending appeal not to count towards sentence under section 29(1) Criminal Appeal Act 1968