Phillips, R. v [2022] EWCA Crim 1474 (28 October 2022)

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

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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

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the applicant's mental health was properly considered in sentencing
  3. 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