Shannon, R. v

Shannon, R. v

The sentence imposed was excessive because, although the injury was serious, it was not at the highest end of the guideline category. The appropriate sentence, after considering the appellant's early guilty plea and mitigation, is eight months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Ian Shannon
Jurisdiction
England and Wales
Judgment Date
10 September 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Grievous Bodily Harm, Appeal Against Sentence
Criminal Law Sentencing Grievous Bodily Harm Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Ian Shannon

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for inflicting grievous bodily harm was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Guidelines Council's definitive guideline

Ratio Decidendi

The sentence imposed was excessive because, although the injury was serious, it was not at the highest end of the guideline category. The appropriate sentence, after considering the appellant's early guilty plea and mitigation, is eight months' imprisonment.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 12 months' imprisonment quashed
  • Substituted sentence of 8 months' imprisonment