R v Joshua Robert Long

R v Joshua Robert Long

Greater weight should have been given to the appellant's period of good conduct and rehabilitation prior to sentencing, warranting a reduction in the operational period of the suspended sentence.

Parties
Appellant: Joshua Robert Long; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Suspended Sentence, Service Detention, Military Discipline
Military Law Criminal Law Sentencing Suspended Sentence Service Detention Military Discipline

Case Brief

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Parties

Joshua Robert Long

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the operational period of the suspended sentence was excessive given the appellant's conduct prior to sentencing
  2. 2 Whether sufficient weight was given to the appellant's period of good behaviour before sentencing

Ratio Decidendi

Greater weight should have been given to the appellant's period of good conduct and rehabilitation prior to sentencing, warranting a reduction in the operational period of the suspended sentence.

Court Disposition

appeal allowed

Orders

  • Sentence of 7 days' service detention suspended for 12 months quashed
  • Substituted sentence of 7 days' service detention suspended for 8 months