Dalgarno, R v

Dalgarno, R v

The original sentence was unduly lenient given the gravity, persistence, and aggravating features of the offending, including previous convictions for domestic violence, violence against pregnant women, offending while on bail, and the lack of effective engagement with previous community orders. The appropriate sentence was 3 years' imprisonment after credit for guilty plea, not a community order.

Parties
Applicant: Her Majesty's Solicitor General; Respondent/offender: Joshua Shawn Dalgarno
Jurisdiction
England and Wales
Judgment Date
25 February 2020
Procedural Posture
Criminal Appeal/reference / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence
Outcome
sentence increased/substituted
Legal Topics
Sentencing, Domestic Violence, Controlling or Coercive Behaviour, Burglary, Taking Conveyance Without Authority, Criminal Damage
Criminal Law Sentencing Domestic Violence Controlling or Coercive Behaviour Burglary Taking Conveyance Without Authority Criminal Damage

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Parties

Her Majesty's Solicitor General

Applicant

Joshua Shawn Dalgarno

Respondent/offender

Procedural Posture

Criminal Appeal/reference / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for offences of controlling or coercive behaviour, taking a conveyance without authority, and criminal damage
  2. 2 Proper application of Sentencing Guidelines for domestic abuse offences
  3. 3 Appropriateness of community order versus custodial sentence given aggravating factors and antecedents

Ratio Decidendi

The original sentence was unduly lenient given the gravity, persistence, and aggravating features of the offending, including previous convictions for domestic violence, violence against pregnant women, offending while on bail, and the lack of effective engagement with previous community orders. The appropriate sentence was 3 years' imprisonment after credit for guilty plea, not a community order.

Court Disposition

sentence increased/substituted

Orders

  • Original sentence quashed; substituted with 3 years' imprisonment on count 1 (controlling or coercive behaviour) and 3 months concurrent on counts 3 and 4 (taking conveyance without authority and criminal damage)
  • Restraining order to remain in place