Smith, R v

Smith, R v

The original sentences of three years' imprisonment were excessive given the genuine parental concern, remorse, improved family relationships, and the legitimate expectation of some credit for guilty pleas; appropriate punishment could be achieved by suspended sentences of 17 months with rehabilitation requirements.

Parties
Appellant: Leanda Smith; Appellant: Edward Lesley Smith; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Kidnap, Sentencing, Suspended Sentence, Mitigation
Criminal Law Kidnap Sentencing Suspended Sentence Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Leanda Smith

Appellant

Edward Lesley Smith

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentences of three years' imprisonment for kidnapping were manifestly excessive
  2. 2 Whether suspended sentences were appropriate given the circumstances
  3. 3 Whether credit for guilty pleas should have been given

Ratio Decidendi

The original sentences of three years' imprisonment were excessive given the genuine parental concern, remorse, improved family relationships, and the legitimate expectation of some credit for guilty pleas; appropriate punishment could be achieved by suspended sentences of 17 months with rehabilitation requirements.

Court Disposition

appeal allowed

Orders

  • Sentences of three years' imprisonment quashed
  • Substituted sentences of 17 months' imprisonment suspended for two years for each appellant