Phillips, R. v [2022] EWCA Crim 1474 (28 October 2022)
The sentence was not manifestly excessive or wrong in principle; the Recorder properly considered the applicant's mental health and followed the Sentencing Council guidelines; medical evidence did not support a Mental Health Act disposal; no grounds to extend time for appeal.
- Citation
- [2022] EWCA Crim 1474
- Parties
- Prosecution: Rex; Applicant: Nico Phillips
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2022
- Procedural Posture
- Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence
- Outcome
- application refused
- Legal Topics
- Breach of Restraining Order, Sentencing, Mental Health and Sentencing, Extension of Time, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Nico Phillips
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the applicant's mental health was properly considered in sentencing
- 3 Whether a Mental Health Act disposal should have been imposed
Ratio Decidendi
The sentence was not manifestly excessive or wrong in principle; the Recorder properly considered the applicant's mental health and followed the Sentencing Council guidelines; medical evidence did not support a Mental Health Act disposal; no grounds to extend time for appeal.
Court Disposition
application refused
Orders
- Renewed application for extension of time to apply for leave to appeal against sentence refused
- Renewed application for representation order refused
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