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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the sentence imposed for conspiracy to commit misconduct in public office was unduly lenient
- 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.
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