Backwell, R. v

Backwell, R. v

Consecutive longer than commensurate sentences exceeding the statutory maximum for an individual offence are permissible where necessary to protect the public, provided the totality is not excessive. The sentence imposed was justified given the gravity, premeditation, and impact of the offences.

Parties
Prosecution: Regina; Appellant: Jonathan Bernard Backwell
Jurisdiction
England and Wales
Judgment Date
18 November 2003
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Consecutive Sentences, Sexual Offences, Statutory Maximum, Longer Than Commensurate Sentences
Criminal Law Sentencing Consecutive Sentences Sexual Offences Statutory Maximum Longer Than Commensurate Sentences

Case Brief

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Parties

Regina

Prosecution

Jonathan Bernard Backwell

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether consecutive longer than commensurate sentences exceeding the statutory maximum are permissible
  2. 2 Whether the total sentence imposed was excessive given the circumstances

Ratio Decidendi

Consecutive longer than commensurate sentences exceeding the statutory maximum for an individual offence are permissible where necessary to protect the public, provided the totality is not excessive. The sentence imposed was justified given the gravity, premeditation, and impact of the offences.

Court Disposition

appeal dismissed

Orders

  • Sentence of 12 years' imprisonment upheld