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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Michael Trundle
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 10 months' imprisonment was excessive
- 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
Full Case Text
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