Mercer, R v [2009] EWCA Crim 2100 (9 October 2009)

Mercer, R v [2009] EWCA Crim 2100 (9 October 2009)

Given the seriousness of the underlying murder, the persistence and effect of the applicant's deception, and the undermining of the administration of justice, the sentence was not manifestly excessive and no reduction was warranted despite mitigation.

Citation
[2009] EWCA Crim 2100
Parties
Prosecution: Regina; Applicant: Janette Mercer
Jurisdiction
England and Wales
Judgment Date
09 October 2009
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application dismissed
Legal Topics
Perverting the Course of Justice, Sentencing, Mitigation, Appeals
Criminal Law Perverting the Course of Justice Sentencing Mitigation Appeals

Case Brief

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Parties

Regina

Prosecution

Janette Mercer

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three years' imprisonment for perverting the course of justice was manifestly excessive
  2. 2 Whether mitigating factors justified a reduction in sentence

Ratio Decidendi

Given the seriousness of the underlying murder, the persistence and effect of the applicant's deception, and the undermining of the administration of justice, the sentence was not manifestly excessive and no reduction was warranted despite mitigation.

Court Disposition

application dismissed

Orders

  • Renewed application for leave to appeal against sentence is dismissed.