R v Kelly Jean Bennett

R v Kelly Jean Bennett

The sentence of four years and one month was just and proportionate, with proper allowance made for mitigation and Article 8 rights. The sentencing judge correctly applied the guidelines and principles of totality, and no unfair disparity existed. The appeal was dismissed as the sentence was not manifestly excessive.

Source-derived case information.

Parties
Appellant: Kelly Jean Bennett; Respondent: RSPCA
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Fraud by False Representation, Animal Welfare Offences, Sentencing, Appeal Against Sentence, Parity in Sentencing, Impact of Custody on Children
Criminal Law Animal Welfare Law Fraud by False Representation Animal Welfare Offences Sentencing Appeal Against Sentence Parity in Sentencing Impact of Custody on Children

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Parties

Kelly Jean Bennett

Appellant

RSPCA

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient allowance was made for the impact of imprisonment on the appellant's children and personal mitigation
  3. 3 Whether there was improper disparity between the appellant's sentence and that of a co-defendant

Ratio Decidendi

The sentence of four years and one month was just and proportionate, with proper allowance made for mitigation and Article 8 rights. The sentencing judge correctly applied the guidelines and principles of totality, and no unfair disparity existed. The appeal was dismissed as the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Sentence of four years and one month imprisonment for fraud upheld
  • Concurrent sentences for animal welfare offences upheld