Cerrone, R v [2011] EWCA Crim 2895 (1 December 2011)

Cerrone, R v [2011] EWCA Crim 2895 (1 December 2011)

The seriousness of the offence justified immediate custodial sentences, but the unusual and special circumstances of the appellants as primary carers of young children warranted a reduction in sentence as an act of mercy.

Citation
[2011] EWCA Crim 2895
Parties
Prosecution: Regina; Applicant: Natalie Cerrone; Applicant: Nicola East; Applicant: Rachael East
Jurisdiction
England and Wales
Judgment Date
01 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Perverting the Course of Justice, Sentencing, Impact of Custodial Sentences on Children
Criminal Law Perverting the Course of Justice Sentencing Impact of Custodial Sentences on Children

Case Brief

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Parties

Regina

Prosecution

Natalie Cerrone

Applicant

Nicola East

Applicant

Rachael East

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentences imposed on the appellants sufficiently considered the impact on their dependent children
  2. 2 Whether the sentences should be suspended or reduced due to personal circumstances

Ratio Decidendi

The seriousness of the offence justified immediate custodial sentences, but the unusual and special circumstances of the appellants as primary carers of young children warranted a reduction in sentence as an act of mercy.

Court Disposition

appeals allowed in part

Orders

  • Sentences quashed and substituted: three months' imprisonment for Natalie Cerrone and Nicola East, four months' imprisonment for Rachael East