Hardy, R v

Hardy, R v

Although the offence was serious and warranted a custodial sentence, the sentence of 30 months was excessive in light of the mitigating factors, including the early guilty plea and lack of aggravating features. A sentence of 21 months' imprisonment was appropriate.

Parties
Prosecution: Regina; Appellant: Gary Hardy
Jurisdiction
England and Wales
Judgment Date
20 December 2004
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Perverting the Course of Justice, Jury Interference, Sentencing
Criminal Law Perverting the Course of Justice Jury Interference Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Gary Hardy

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 30 months' imprisonment for perverting the course of justice was manifestly excessive given the circumstances of the offence and the plea of guilty.

Ratio Decidendi

Although the offence was serious and warranted a custodial sentence, the sentence of 30 months was excessive in light of the mitigating factors, including the early guilty plea and lack of aggravating features. A sentence of 21 months' imprisonment was appropriate.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Original sentence of 30 months' imprisonment quashed
  • Substituted sentence of 21 months' imprisonment