Pullinger, R. v

Pullinger, R. v

Given the crude and distressing racial element, the custody threshold was crossed, but for someone of previous good character, the assault alone would not have merited a custodial sentence. The appropriate sentence is three months, comprising one month for the assault and two months for the racial aggravation.

Parties
Prosecution: Regina; Appellant: John Pullinger
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence reduced
Legal Topics
Racially Aggravated Assault, Sentencing, Appeal Against Sentence
Criminal Law Racially Aggravated Assault Sentencing Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

John Pullinger

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the custodial sentence imposed was appropriate and proportionate for racially aggravated common assault
  2. 2 Whether the sentencing judge properly applied the Sentencing Guidelines Council guidance

Ratio Decidendi

Given the crude and distressing racial element, the custody threshold was crossed, but for someone of previous good character, the assault alone would not have merited a custodial sentence. The appropriate sentence is three months, comprising one month for the assault and two months for the racial aggravation.

Court Disposition

sentence reduced

Orders

  • The sentence of six months' imprisonment is quashed and substituted with a sentence of three months' imprisonment.