Mayhew, R v [2008] EWCA Crim 2897 (24 October 2008)

Given the aggravating features, particularly the presence and intervention of the child and the severity of the attack, the sentence was not manifestly excessive and should stand.

Citation: [2008] EWCA Crim 2897
Parties: Prosecution: Regina; Appellant: John Mayhew
Jurisdiction: England and Wales
Judgment Date: 24 October 2008
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal dismissed
Legal Topics: Attempted Murder, Sentencing, Mitigating Factors, Aggravating Factors, Mental Health, Domestic Violence

Criminal Law Attempted Murder Sentencing Mitigating Factors Aggravating Factors Mental Health Domestic Violence

Case Brief

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Parties

Regina

Prosecution

John Mayhew

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Was the sentence of 12 years' imprisonment for attempted murder manifestly excessive given the mitigating and aggravating factors?

Ratio Decidendi

Given the aggravating features, particularly the presence and intervention of the child and the severity of the attack, the sentence was not manifestly excessive and should stand.

Court Disposition

appeal dismissed

Orders

Sentence of 12 years' imprisonment upheld
165 days spent in custody on remand to count towards sentence