Challis, R. v

Challis, R. v

Given the applicant's high culpability, the vulnerability of the victim, and the deliberate infliction of pain, the sentence of three years' imprisonment was not manifestly excessive and was, if anything, merciful.

Parties
Prosecution: Regina; Applicant: Matthew Leon Challis
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Sentence
Outcome
leave to appeal refused
Legal Topics
Causing or Allowing Serious Physical Harm to a Child, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Child Protection Causing or Allowing Serious Physical Harm to a Child Sentencing Guidelines Appeal Against Sentence

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Parties

Regina

Prosecution

Matthew Leon Challis

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Sentence

Legal Issues

  1. 1 What is the appropriate sentence for a conviction under section 5 of the Domestic Violence, Crime and Victims Act 2004 for causing serious physical harm to a child?
  2. 2 Did the trial judge err in categorising the offence as category 1 under the Assault Definitive Guideline?
  3. 3 Did the judge fail to give sufficient weight to the developing relationship between father and son?

Ratio Decidendi

Given the applicant's high culpability, the vulnerability of the victim, and the deliberate infliction of pain, the sentence of three years' imprisonment was not manifestly excessive and was, if anything, merciful.

Court Disposition

leave to appeal refused