Cerrone, R v

Cerrone, R v

Although the offence was serious and immediate custody was justified, the unique and special circumstances of the appellants as primary carers of young children warranted a reduction in sentence as an act of mercy, primarily for the benefit of the children.

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

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Parties

Regina

Prosecutor

Natalie Cerrone

Applicant

Rachael East

Applicant

Nicola East

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentences imposed on the appellants were appropriate given their roles as primary carers of young children and their personal circumstances
  2. 2 Whether the sentencing judge gave sufficient regard to the impact of imprisonment on the appellants' children

Ratio Decidendi

Although the offence was serious and immediate custody was justified, the unique and special circumstances of the appellants as primary carers of young children warranted a reduction in sentence as an act of mercy, primarily for the benefit of the children.

Court Disposition

appeal allowed in part

Orders

  • Sentences of four months for Natalie Cerrone and Nicola East quashed and substituted with three months' imprisonment each
  • Sentence of six months for Rachael East quashed and substituted with four months' imprisonment