Sines, R. v [2023] EWCA Crim 713 (24 May 2023)

Sines, R. v [2023] EWCA Crim 713 (24 May 2023)

The sentencing judge was entitled to proceed on the basis of the March 2022 psychiatric report, refuse adjournment, and impose a custodial sentence for the index offence given the seriousness, aggravating factors, and lack of new or exceptional circumstances; activation of the suspended sentences was not unjust or disproportionate.

Citation
[2023] EWCA Crim 713
Parties
Prosecution: Rex; Appellant: Frank Sines
Jurisdiction
England and Wales
Judgment Date
24 May 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Breach of Suspended Sentence Order, Mental Health and Sentencing, Assault on Emergency Worker
Criminal Law Sentencing Breach of Suspended Sentence Order Mental Health and Sentencing Assault on Emergency Worker

Case Brief

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Parties

Rex

Prosecution

Frank Sines

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in refusing to adjourn for an updated psychiatric report under section 232 of the Sentencing Act 2020
  2. 2 Whether the sentence imposed for the index offence was manifestly excessive or wrong in principle
  3. 3 Whether the activation of suspended sentence orders was unjust or disproportionate

Ratio Decidendi

The sentencing judge was entitled to proceed on the basis of the March 2022 psychiatric report, refuse adjournment, and impose a custodial sentence for the index offence given the seriousness, aggravating factors, and lack of new or exceptional circumstances; activation of the suspended sentences was not unjust or disproportionate.

Court Disposition

appeal dismissed