R v Maria Savastano

R v Maria Savastano

The seriousness of the assault on a police officer, aggravated by the presence of a child and the risk to health during the pandemic, outweighed the mitigating factors. The judge was entitled to conclude that only immediate custody would afford appropriate punishment, and the sentence imposed was neither manifestly excessive nor wrong in principle.

Parties
Prosecutor: Rex; Appellant: Maria Savastano
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Assault Occasioning Actual Bodily Harm, Sentencing, Suspended Sentences, Mitigation, Assault on Police Officer
Criminal Law Assault Occasioning Actual Bodily Harm Sentencing Suspended Sentences Mitigation Assault on Police Officer

Case Brief

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Parties

Rex

Prosecutor

Maria Savastano

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment should have been suspended
  2. 2 Whether the judge failed to take into account relevant mitigating factors
  3. 3 Whether the sentence was manifestly excessive or wrong in principle

Ratio Decidendi

The seriousness of the assault on a police officer, aggravated by the presence of a child and the risk to health during the pandemic, outweighed the mitigating factors. The judge was entitled to conclude that only immediate custody would afford appropriate punishment, and the sentence imposed was neither manifestly excessive nor wrong in principle.

Court Disposition

Appeal dismissed