Kee, R v

Kee, R v

The starting point of four years was too high for this offence, which was not premeditated and did not involve intent to cause serious harm. The appropriate starting point after trial should have been three years, reduced to two years for the guilty plea, and further reduced to 21 months due to strong personal mitigation.

Parties
Prosecutor: Regina; Appellant: Lisa Kee
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Unlawful Wounding, Sentencing, Mitigation, Appeal Against Sentence
Criminal Law Unlawful Wounding Sentencing Mitigation Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Lisa Kee

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the starting point of four years for unlawful wounding was too high given the circumstances
  2. 2 Whether sufficient weight was given to the appellant's personal mitigation

Ratio Decidendi

The starting point of four years was too high for this offence, which was not premeditated and did not involve intent to cause serious harm. The appropriate starting point after trial should have been three years, reduced to two years for the guilty plea, and further reduced to 21 months due to strong personal mitigation.

Court Disposition

appeal allowed

Orders

  • sentence reduced to 21 months' imprisonment