Sudale, R v [2017] EWCA Crim 2496 (17 November 2017)

Sudale, R v [2017] EWCA Crim 2496 (17 November 2017)

The sentence was unduly lenient because there were no exceptional circumstances to justify suspending the custodial term for perverting the course of justice; immediate imprisonment was required to reflect the gravity and deterrence of the offence.

Citation
[2017] EWCA Crim 2496
Parties
Prosecution: Regina; Defendant: Lisa Sudale
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Criminal Appeal Attorney General's Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; suspended sentence quashed; immediate imprisonment imposed
Legal Topics
Perverting the Course of Justice, Sentencing, Unduly Lenient Sentences, Suspended Sentences, Mitigation

Case Brief

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Parties

Regina

Prosecution

Lisa Sudale

Defendant

Procedural Posture

Criminal Appeal Attorney General's Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

  1. 1 Whether the suspended sentence for perverting the course of justice was unduly lenient
  2. 2 Whether exceptional circumstances justified suspension of the custodial sentence

Ratio Decidendi

The sentence was unduly lenient because there were no exceptional circumstances to justify suspending the custodial term for perverting the course of justice; immediate imprisonment was required to reflect the gravity and deterrence of the offence.

Court Disposition

Appeal allowed; suspended sentence quashed; immediate imprisonment imposed

Orders

  • Quash 24-month suspended sentence
  • Impose 18 months' immediate imprisonment from today