Seit, R. v

Seit, R. v

The three-year sentence for the section 20 offence was excessive in light of comparable authorities and the nature of the offence; it should be reduced to two years' imprisonment, with all other sentences to remain the same and consecutive as previously ordered.

Parties
Prosecution: Regina; Appellant: John Elijah Oliver Seit
Jurisdiction
England and Wales
Judgment Date
25 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Unlawful Wounding, Common Assault, Possession of Offensive Weapon, Affray, Totality Principle
Criminal Law Sentencing Unlawful Wounding Common Assault Possession of Offensive Weapon Affray Totality Principle

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Parties

Regina

Prosecution

John Elijah Oliver Seit

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three years' imprisonment for unlawful wounding (section 20) was manifestly excessive
  2. 2 Whether the total sentence imposed was appropriate in light of the totality principle

Ratio Decidendi

The three-year sentence for the section 20 offence was excessive in light of comparable authorities and the nature of the offence; it should be reduced to two years' imprisonment, with all other sentences to remain the same and consecutive as previously ordered.

Court Disposition

appeal allowed in part

Orders

  • Sentence for unlawful wounding (section 20) reduced from three years to two years' imprisonment.
  • All other sentences to remain the same and consecutive as previously ordered.