REGINA v JASON BRIAN WOOD

REGINA v JASON BRIAN WOOD

The sentencing procedure was flawed due to administrative adjustments not pronounced in open court and discrepancies between pronounced and recorded sentences. The overall sentence was excessive given the circumstances and guidelines. The court substituted concurrent sentences for the two counts of attempting to cause grievous bodily harm and recalculated the total sentence to eight years and four months' imprisonment. The disqualification order for driving was quashed as it was invalid under section 36(7) of the Road Traffic Offenders Act 1988.

Parties
Prosecution: Regina; Appellant: Jason Brian Wood
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Appeal, Totality Principle, Drug Offences, Violent Offences
Criminal Law Sentencing Appeal Totality Principle Drug Offences Violent Offences

Case Brief

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Parties

Regina

Prosecution

Jason Brian Wood

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the overall sentence imposed was excessive
  2. 2 Whether consecutive sentences for two counts of attempting to cause grievous bodily harm were appropriate
  3. 3 Whether the sentencing procedure was legally correct

Ratio Decidendi

The sentencing procedure was flawed due to administrative adjustments not pronounced in open court and discrepancies between pronounced and recorded sentences. The overall sentence was excessive given the circumstances and guidelines. The court substituted concurrent sentences for the two counts of attempting to cause grievous bodily harm and recalculated the total sentence to eight years and four months' imprisonment. The disqualification order for driving was quashed as it was invalid under section 36(7) of the Road Traffic Offenders Act 1988.

Court Disposition

appeal allowed in part

Orders

  • Substitute sentences of five years and six months' imprisonment on each of counts 1 and 3 of indictment T20217070, to run concurrently.
  • Sentence of eight months' imprisonment on count 5 of indictment T20217070 to run concurrently.