R v Jack Standley

R v Jack Standley

The judge erred in categorising the offence as category B culpability and category 1 harm; the conduct did not amount to persistent conduct over a prolonged period. The appropriate notional sentence for the section 4 offence after trial was 1 year, reduced to 9 months for plea, resulting in a total sentence of 15 months.

Parties
Prosecutor: Rex; Appellant: Jack Standley
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Malicious Communications, Harassment, Sentencing, Appeal
Criminal Law Malicious Communications Harassment Sentencing Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Jack Standley

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the section 4 harassment offence as category B culpability and category 1 harm under the Sentencing Council Guideline
  2. 2 Whether the total sentence imposed was manifestly excessive

Ratio Decidendi

The judge erred in categorising the offence as category B culpability and category 1 harm; the conduct did not amount to persistent conduct over a prolonged period. The appropriate notional sentence for the section 4 offence after trial was 1 year, reduced to 9 months for plea, resulting in a total sentence of 15 months.

Court Disposition

appeal allowed in part

Orders

  • Total sentence of 2 years quashed and replaced with a sentence of 15 months.