Bricknell, R v

Bricknell, R v

The judge was entitled to find a long period of non-compliance and to impose immediate custody given the aggravating feature of a recent previous conviction. The total sentence imposed was not manifestly excessive and was within the range open to the judge.

Parties
Appellant: Nathaniel Bricknell; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Notification Requirements, Sexual Offences
Criminal Law Sentencing Notification Requirements Sexual Offences

Case Brief

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Parties

Nathaniel Bricknell

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offences as category A culpability under the Sentencing Council's Definitive Guideline
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the period of non-compliance constituted a 'long period' under the guideline

Ratio Decidendi

The judge was entitled to find a long period of non-compliance and to impose immediate custody given the aggravating feature of a recent previous conviction. The total sentence imposed was not manifestly excessive and was within the range open to the judge.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.