R v Michael Trundle

R v Michael Trundle

The judge erred by failing to consider the three-year period without offending, the potential for rehabilitation, and the mitigating factors of age and illness. These factors, combined with current prison conditions, warranted suspension of the custodial sentence.

Parties
Prosecutor: Rex; Appellant: Michael Trundle
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Suspended Sentences, Rehabilitation, Risk Assessment
Criminal Law Sentencing Sexual Offences Suspended Sentences Rehabilitation Risk Assessment

Case Brief

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Parties

Rex

Prosecutor

Michael Trundle

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 10 months' imprisonment was manifestly 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 the mitigating factors of age and illness. These factors, combined with current prison conditions, warranted suspension of 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