Walker, R v

Walker, R v

The fresh evidence was inadmissible and of no probative value; the conviction was safe. However, given the exceptional personal mitigation and circumstances, the custodial sentence was manifestly excessive and was substituted with a conditional discharge for 12 months.

Parties
Prosecution: Regina; Appellant: Linda Walker
Jurisdiction
England and Wales
Judgment Date
04 May 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed
Legal Topics
Firearms Offences, Affray, Sentencing, Fresh Evidence on Appeal
Criminal Law Firearms Offences Affray Sentencing Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Linda Walker

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal against conviction
  2. 2 Whether the custodial sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The fresh evidence was inadmissible and of no probative value; the conviction was safe. However, given the exceptional personal mitigation and circumstances, the custodial sentence was manifestly excessive and was substituted with a conditional discharge for 12 months.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed

Orders

  • Leave to appeal against conviction refused
  • Sentence of 6 months' imprisonment quashed