RD, R v

RD, R v

Given the repeated and severe violence inflicted on the infant, resulting in life-altering injuries and nearly fatal consequences, a total sentence of eight years was appropriate and not excessive; the judge properly applied the principle of totality and apportioned the sentences between the two counts.

Parties
Prosecution: Regina; Appellant: R. D.
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Causing Grievous Bodily Harm With Intent, Principle of Totality
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Causing Grievous Bodily Harm With Intent Principle of Totality

Case Brief

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Parties

Regina

Prosecution

R. D.

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence of eight years was excessive
  2. 2 Whether sentences should have been concurrent rather than consecutive
  3. 3 Appropriate sentencing for repeated violence against a child

Ratio Decidendi

Given the repeated and severe violence inflicted on the infant, resulting in life-altering injuries and nearly fatal consequences, a total sentence of eight years was appropriate and not excessive; the judge properly applied the principle of totality and apportioned the sentences between the two counts.

Court Disposition

appeal dismissed

Orders

  • Sentence of eight years' imprisonment upheld