Morrison, R. v [2019] EWCA Crim 1343 (08 May 2019)

Morrison, R. v [2019] EWCA Crim 1343 (08 May 2019)

The total sentence of sixteen months' imprisonment for the sexual offences was manifestly excessive in light of the totality principle; the sentence for voyeurism was reduced to six months to ensure the total sentence was just and proportionate.

Citation
[2019] EWCA Crim 1343
Parties
Prosecution: Regina; Appellant: Martyn Anthony Morrison
Jurisdiction
England and Wales
Judgment Date
08 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence varied
Legal Topics
Sentencing, Sexual Offences, Voyeurism, Exposure, Bail Offences, Totality Principle
Criminal Law Sentencing Sexual Offences Voyeurism Exposure Bail Offences Totality Principle

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Parties

Regina

Prosecution

Martyn Anthony Morrison

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for voyeurism was manifestly excessive
  2. 2 Whether the total sentence breached the totality principle
  3. 3 Appropriateness of the sentence for failure to surrender to bail

Ratio Decidendi

The total sentence of sixteen months' imprisonment for the sexual offences was manifestly excessive in light of the totality principle; the sentence for voyeurism was reduced to six months to ensure the total sentence was just and proportionate.

Court Disposition

sentence varied

Orders

  • Sentence of ten months' imprisonment for voyeurism quashed and substituted with six months' imprisonment
  • Total sentence now twelve months and seven days' imprisonment