Muir, R. v

Muir, R. v

The judge was entitled to exceed the guideline threshold due to serious aggravating features and striking similarity to previous offences; the sentence imposed was not manifestly excessive or erroneous in principle.

Parties
Prosecution: Regina; Appellant: Peter Phillip Muir
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Criminal Damage, Sentencing Guidelines, Aggravating and Mitigating Factors
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Criminal Damage Sentencing Guidelines Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Peter Phillip Muir

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge was entitled to exceed the sentencing guideline threshold
  3. 3 Whether the sentence could be suspended

Ratio Decidendi

The judge was entitled to exceed the guideline threshold due to serious aggravating features and striking similarity to previous offences; the sentence imposed was not manifestly excessive or erroneous in principle.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.