Burney, R. v

Burney, R. v

The sentence of twelve months' imprisonment was excessive given the appellant's previous good character, guilty plea, and the specific circumstances. A sentence of six months' imprisonment sufficiently marks the seriousness of the conduct.

Parties
Respondent: Regina; Appellant: Kevin Charles Burney
Jurisdiction
England and Wales
Judgment Date
22 June 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Perverting the Course of Justice, Sentencing, Appeal Against Sentence
Criminal Law Perverting the Course of Justice Sentencing Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Kevin Charles Burney

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of twelve months' imprisonment for perverting the course of justice was manifestly excessive in the circumstances.

Ratio Decidendi

The sentence of twelve months' imprisonment was excessive given the appellant's previous good character, guilty plea, and the specific circumstances. A sentence of six months' imprisonment sufficiently marks the seriousness of the conduct.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence of twelve months' imprisonment quashed
  • Substituted sentence of six months' imprisonment