Bieksa, R. v [2023] EWCA Crim 1405 (27 November 2023)

Bieksa, R. v [2023] EWCA Crim 1405 (27 November 2023)

The sentence was neither wrong in principle nor manifestly excessive; post-sentence conduct and the impact of COVID-19 do not justify appellate intervention for sentences lawfully imposed before the pandemic.

Citation
[2023] EWCA Crim 1405
Parties
Applicant: Justas Bieksa; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
27 November 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Application refused
Legal Topics
Sentencing, Drug Offences, Appeals, Extension of Time, COVID 19 Impact on Sentencing
Criminal Law Sentencing Drug Offences Appeals Extension of Time COVID 19 Impact on Sentencing

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Parties

Justas Bieksa

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether the effects of the COVID-19 pandemic on prison conditions justify a reduction in sentence for those sentenced before the pandemic
  3. 3 Whether post-sentence conduct and rehabilitation justify appellate intervention

Ratio Decidendi

The sentence was neither wrong in principle nor manifestly excessive; post-sentence conduct and the impact of COVID-19 do not justify appellate intervention for sentences lawfully imposed before the pandemic.

Court Disposition

Application refused

Orders

  • Application for extension of time refused
  • Renewed application for leave to appeal against sentence refused