Blythe, R. v

Blythe, R. v

The sentence was excessive as the judge went behind the basis of plea and did not apply the appropriate discount for an early guilty plea. The correct sentence after discount should be 8 months' imprisonment.

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Matthew John Blythe
Jurisdiction
England and Wales
Judgment Date
17 September 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Common Assault, Sentencing, Appeal Against Sentence
Criminal Law Dangerous Driving Common Assault Sentencing Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Matthew John Blythe

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for dangerous driving and common assault was manifestly excessive
  2. 2 Whether the judge went behind the agreed basis of plea

Ratio Decidendi

The sentence was excessive as the judge went behind the basis of plea and did not apply the appropriate discount for an early guilty plea. The correct sentence after discount should be 8 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence for dangerous driving reduced to 8 months' imprisonment
  • Overall sentence reduced to 8 months' imprisonment