R v Neil Andrew Seer

R v Neil Andrew Seer

The sentencing judge was not wrong in declining to discount the sentence for time served on recall, given the appellant's denial of guilt and the circumstances of the recall; the sentence was not manifestly excessive.

Parties
Prosecutor: Rex; Appellant: Neil Andrew Seer
Jurisdiction
England and Wales
Judgment Date
16 July 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

Case Brief

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Parties

Rex

Prosecutor

Neil Andrew Seer

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by not discounting the sentence to account for time served on recall due to delay in prosecution
  2. 2 Whether the sentence imposed was manifestly excessive given the starting point and the guilty plea

Ratio Decidendi

The sentencing judge was not wrong in declining to discount the sentence for time served on recall, given the appellant's denial of guilt and the circumstances of the recall; the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.