Knight, R. v [2018] EWCA Crim 1755 (13 April 2018)

Knight, R. v [2018] EWCA Crim 1755 (13 April 2018)

The sentence should reflect the gravity of the underlying offence, the nature and extent of the assistance, and the actual impact on justice. The assistance was not pre-planned, was short-lived, and largely ineffective. The starting point should have been 30 months, with reductions for plea and delay, resulting in a 20-month sentence.

Citation
[2018] EWCA Crim 1755
Parties
Prosecution: Regina; Appellant: Kieron Knight
Jurisdiction
England and Wales
Judgment Date
13 April 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced
Legal Topics
Assisting an Offender, Sentencing, Guilty Plea Credit
Criminal Law Assisting an Offender Sentencing Guilty Plea Credit

Case Brief

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Parties

Regina

Prosecution

Kieron Knight

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 25 months' imprisonment for assisting an offender was manifestly excessive
  2. 2 Appropriate credit for guilty plea
  3. 3 Proper starting point for sentence in light of facts and precedent

Ratio Decidendi

The sentence should reflect the gravity of the underlying offence, the nature and extent of the assistance, and the actual impact on justice. The assistance was not pre-planned, was short-lived, and largely ineffective. The starting point should have been 30 months, with reductions for plea and delay, resulting in a 20-month sentence.

Court Disposition

sentence reduced

Orders

  • Sentence of 25 months' imprisonment quashed
  • Substitute sentence of 20 months' imprisonment