Trundle, R. v [2024] EWCA Crim 588 (16 May 2024)

Trundle, R. v [2024] EWCA Crim 588 (16 May 2024)

The judge erred by failing to consider the three-year period without offending, the potential for rehabilitation, and personal mitigation. These factors, combined with current prison conditions, warranted suspending the custodial sentence.

Source-derived case information.

Citation
[2024] EWCA Crim 588
Parties
Prosecution: Rex; Appellant: Michael Trundle
Jurisdiction
England and Wales
Judgment Date
16 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Suspension of Custodial Sentence, Rehabilitation, Mitigation
Criminal Law Sentencing Sexual Offences Suspension of Custodial Sentence Rehabilitation Mitigation

Source-derived case record

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Parties

Rex

Prosecution

Michael Trundle

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of 10 months' imprisonment was excessive
  2. 2 Whether the sentence should have been suspended

Ratio Decidendi

The judge erred by failing to consider the three-year period without offending, the potential for rehabilitation, and personal mitigation. These factors, combined with current prison conditions, warranted suspending the custodial sentence.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 10 months' imprisonment suspended for 12 months from 16 May 2024
  • Maximum of 26 days rehabilitation activity requirement imposed