Feltis, R.v [1996] EWCA Crim 776 (19 August 1996)

Feltis, R.v [1996] EWCA Crim 776 (19 August 1996)

Despite substantial personal mitigation, a custodial sentence was required for breach of trust and serious disruption, but the sentence was reduced from 12 to 6 months due to the appellant's personal circumstances and low risk of reoffending.

Citation
[1996] EWCA Crim 776
Parties
Appellant: [Name Redacted]; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 August 1996
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Unauthorised Modification of Computer Material, Breach of Trust, Sentencing, Mitigation, Computer Misuse Act 1990
Criminal Law Computer Crime Unauthorised Modification of Computer Material Breach of Trust Sentencing Mitigation Computer Misuse Act 1990

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Parties

[Name Redacted]

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence imposed for unauthorised modification of computer material was appropriate given the mitigation
  2. 2 Whether the sentence should have been suspended

Ratio Decidendi

Despite substantial personal mitigation, a custodial sentence was required for breach of trust and serious disruption, but the sentence was reduced from 12 to 6 months due to the appellant's personal circumstances and low risk of reoffending.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 12 months' imprisonment quashed and substituted with 6 months' imprisonment on each count, to run concurrently