Ashok-Kumar, R. v [2024] EWCA Crim 996 (31 July 2024)

Ashok-Kumar, R. v [2024] EWCA Crim 996 (31 July 2024)

The extended sentence imposed on count 1 was unlawful as it exceeded the statutory maximum; the judge was entitled to find the applicant dangerous and impose an extended sentence; consecutive sentences were justified given the distinct and serious nature of the offences; mitigating factors did not require a reduction in sentence.

Citation
[2024] EWCA Crim 996
Parties
Respondent: Rex; Appellant: Jaiganesh Ashok-Kumar
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Extended Sentences, Assault Occasioning Actual Bodily Harm, Controlling or Coercive Behaviour, Intentional Strangulation, Intentional Suffocation, Dangerousness, Totality Principle
Criminal Law Sentencing Extended Sentences Assault Occasioning Actual Bodily Harm Controlling or Coercive Behaviour Intentional Strangulation Intentional Suffocation Dangerousness +1 more

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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rex

Respondent

Jaiganesh Ashok-Kumar

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence on count 1 exceeded the statutory maximum and was unlawful
  2. 2 Whether the judge erred in finding the applicant dangerous and imposing an extended sentence
  3. 3 Whether the overall sentence was manifestly excessive and consecutive sentences were justified

Ratio Decidendi

The extended sentence imposed on count 1 was unlawful as it exceeded the statutory maximum; the judge was entitled to find the applicant dangerous and impose an extended sentence; consecutive sentences were justified given the distinct and serious nature of the offences; mitigating factors did not require a reduction in sentence.

Court Disposition

Appeal allowed in part

Orders

  • Extended sentence of seven years on count 1 quashed and substituted with an extended sentence of five years (four years custodial, one year extended licence)
  • Victim surcharge order reduced from £190 to £120