Da Silva, R. v [2023] EWCA Crim 1624 (20 December 2023)

Da Silva, R. v [2023] EWCA Crim 1624 (20 December 2023)

The original community order was unduly lenient given the seriousness and aggravating features of the offences; a custodial sentence of 22 months was appropriate, but could be suspended due to substantial mitigation, positive engagement with probation, and time already served.

Citation
[2023] EWCA Crim 1624
Parties
Prosecution: Rex; Respondent: Jonathan Da Silva
Jurisdiction
England and Wales
Judgment Date
20 December 2023
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Review of Unduly Lenient Sentence
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Assault Occasioning Actual Bodily Harm, Intentional Strangulation, Threats to Kill, Controlling or Coercive Behaviour, Sentencing Guidelines, Unduly Lenient Sentences, Suspended Sentences, Domestic Abuse
Criminal Law Assault Occasioning Actual Bodily Harm Intentional Strangulation Threats to Kill Controlling or Coercive Behaviour Sentencing Guidelines Unduly Lenient Sentences Suspended Sentences +1 more

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Parties

Rex

Prosecution

Jonathan Da Silva

Respondent

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Review of Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Appropriate sentence for offences including intentional strangulation, ABH, threats to kill, and coercive control
  3. 3 Whether the custodial sentence should be immediate or suspended

Ratio Decidendi

The original community order was unduly lenient given the seriousness and aggravating features of the offences; a custodial sentence of 22 months was appropriate, but could be suspended due to substantial mitigation, positive engagement with probation, and time already served.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Quash the 18-month community order with requirements
  • Impose 22 months' imprisonment, suspended for two years, with alcohol abstinence and monitoring requirement for 30 days, rehabilitation activity requirement for 30 days, and unpaid work requirement for 120 hours, on each count concurrent