Davy, R v

Davy, R v

Although the judge's refusal to admit the child's evidence was a misstep, it did not render the sentence manifestly excessive or unfair. Even if the evidence had been admitted and fully accepted, the sentence would not have been reduced.

Parties
Appellant: Hazel Davy; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
19 January 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Perverting the Course of Justice, Forgery, Obtaining Property by Deception, Newton Hearing, Sentencing
Criminal Law Perverting the Course of Justice Forgery Obtaining Property by Deception Newton Hearing Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Hazel Davy

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in refusing to admit evidence from the appellant's child during a Newton hearing
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

Although the judge's refusal to admit the child's evidence was a misstep, it did not render the sentence manifestly excessive or unfair. Even if the evidence had been admitted and fully accepted, the sentence would not have been reduced.

Court Disposition

appeal dismissed

Orders

  • Sentence upheld
  • No reduction in sentence