Weiner, R. v

Weiner, R. v

The sentence imposed was at the extreme end of the appropriate range for planting evidence in circumstances of extreme aggravation; although grave, the case did not warrant the maximum, and a sentence at the bottom end of the range (10 years) was appropriate.

Parties
Prosecution: Regina; Appellant: Neil John Weiner
Jurisdiction
England and Wales
Judgment Date
07 April 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Perverting the Course of Justice, Possession of Indecent Photographs of Children, Sentencing, Appeal
Criminal Law Perverting the Course of Justice Possession of Indecent Photographs of Children Sentencing Appeal

Case Brief

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Parties

Regina

Prosecution

Neil John Weiner

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of 12 years' imprisonment for perverting the course of justice was manifestly excessive
  2. 2 Appropriate sentencing range for planting evidence to falsely implicate another in a serious offence

Ratio Decidendi

The sentence imposed was at the extreme end of the appropriate range for planting evidence in circumstances of extreme aggravation; although grave, the case did not warrant the maximum, and a sentence at the bottom end of the range (10 years) was appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentence for perverting the course of justice reduced from 12 years to 10 years' imprisonment