Standley, R. v [2024] EWCA Crim 1253 (03 September 2024)

Standley, R. v [2024] EWCA Crim 1253 (03 September 2024)

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 after discount for plea. The total sentence...

Source-derived case information.

Citation
[2024] EWCA Crim 1253
Parties
Prosecution: Rex; Appellant: Jack Standley
Jurisdiction
England and Wales
Judgment Date
03 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Harassment, Malicious Communications
Criminal Law Sentencing Harassment Malicious Communications

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Jack Standley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the section 4 Protection from Harassment Act 1997 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 after discount for plea. The total sentence should be reduced accordingly.

Court Disposition

appeal allowed in part

Orders

  • Total sentence of 2 years quashed and replaced with a sentence of 15 months.
  • Sentences for malicious communications offences remain unchanged at 6 months each, concurrent with each other and consecutive to the section 4 offence.