Brustenga -Vilaseca, R. v
The combination of the appellant's personal mitigation and the fact that she did not identify an individual or foresee the arrest of anybody distinguishes this case from typical false rape allegations, warranting a reduced custodial sentence.
- Parties
- Prosecution: Regina; Appellant: Maria Rosario Brustenga-Vilaseca
- Jurisdiction
- England and Wales
- Judgment Date
- 05 April 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence quashed and substituted
- Legal Topics
- Perverting the Course of Justice, False Rape Allegation, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Maria Rosario Brustenga-Vilaseca
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for perverting the course of justice was appropriate given the mitigating and aggravating factors
Ratio Decidendi
The combination of the appellant's personal mitigation and the fact that she did not identify an individual or foresee the arrest of anybody distinguishes this case from typical false rape allegations, warranting a reduced custodial sentence.
Court Disposition
sentence quashed and substituted
Orders
- The sentence of 16 months' imprisonment is quashed.
- A sentence of 6 months' imprisonment is substituted, leading to immediate release.
Full Case Text
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