Bohannan, R. v

Bohannan, R. v

The original sentence of three years' imprisonment was unduly lenient given the prolonged, repeated, and serious nature of the offending, the gross breach of trust, the direct facilitation of criminal activity, and the deliberate compromise of police operations. The appropriate sentence after trial should have been six years' imprisonment.

Parties
Prosecutor: Regina; Offender: Mark Edward Bohannan
Jurisdiction
England and Wales
Judgment Date
21 September 2010
Procedural Posture
Criminal Appeal / Attorney General's Reference for Review of Sentence as Unduly Lenient
Outcome
sentence increased
Legal Topics
Misconduct in Public Office, Sentencing, Police Corruption, Attorney General's Reference

Case Brief

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Parties

Regina

Prosecutor

Mark Edward Bohannan

Offender

Procedural Posture

Criminal Appeal / Attorney General's Reference for Review of Sentence as Unduly Lenient

  1. 1 Whether the sentence imposed for conspiracy to commit misconduct in public office was unduly lenient
  2. 2 Appropriate sentencing principles for police officers convicted of misconduct in public office

Ratio Decidendi

The original sentence of three years' imprisonment was unduly lenient given the prolonged, repeated, and serious nature of the offending, the gross breach of trust, the direct facilitation of criminal activity, and the deliberate compromise of police operations. The appropriate sentence after trial should have been six years' imprisonment.

Court Disposition

sentence increased

Orders

  • Original sentence of three years' imprisonment quashed and substituted with a sentence of six years' imprisonment.