Seer, R. v [2024] EWCA Crim 776 (20 June 2024)

Seer, R. v [2024] EWCA Crim 776 (20 June 2024)

The judge had discretion to reduce the sentence for delay in prosecution, but in the circumstances of recall for a separate offence and denial of guilt, the refusal to exercise discretion was not justiciably wrong.

Citation
[2024] EWCA Crim 776
Parties
Prosecution: Rex; Appellant: Neil Andrew Seer
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Strangulation, Assault Occasioning Actual Bodily Harm, Sentencing, Recall to Prison, Delay in Prosecution
Criminal Law Strangulation Assault Occasioning Actual Bodily Harm Sentencing Recall to Prison Delay in Prosecution

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Parties

Rex

Prosecution

Neil Andrew Seer

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the sentencing judge wrong not to discount the sentence for time served on recall due to delay in prosecution?
  2. 2 Was the sentence excessive given the starting point for strangulation and the guilty plea?

Ratio Decidendi

The judge had discretion to reduce the sentence for delay in prosecution, but in the circumstances of recall for a separate offence and denial of guilt, the refusal to exercise discretion was not justiciably wrong.

Court Disposition

appeal dismissed