M, R v
The original sentence failed to adequately consider mitigation and the totality principle; a total sentence of 6 years is appropriate, with Count 2 made concurrent to Count 1.
- Parties
- Appellant: M; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 15 January 2020
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Sexual Offences, Historical Offences, Abuse of Trust
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Parties
M
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for indecent assault was manifestly excessive given the historical nature of the offence and relevant mitigating factors
Ratio Decidendi
The original sentence failed to adequately consider mitigation and the totality principle; a total sentence of 6 years is appropriate, with Count 2 made concurrent to Count 1.
Court Disposition
appeal allowed in part
Orders
- Total sentence reduced from 7 years to 6 years imprisonment
- Sentence on Count 2 to run concurrently with Count 1
Full Case Text
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