A, R. v

A, R. v

The appropriate sentence for perverting the course of justice in this exceptional case, where the appellant retracted a truthful allegation under pressure from domestic abuse, is a community sentence with a supervision order, not immediate custody.

Parties
Prosecution: Regina; Appellant: Rebecca Jayne A
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Perverting the Course of Justice, False Retraction, Domestic Abuse, Sentencing
Criminal Law Perverting the Course of Justice False Retraction Domestic Abuse Sentencing

Case Brief

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Parties

Regina

Prosecution

Rebecca Jayne A

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of eight months' imprisonment for perverting the course of justice by false retraction was appropriate given the circumstances
  2. 2 How to assess culpability when the retraction of a truthful allegation occurs under pressure in a domestic abuse context

Ratio Decidendi

The appropriate sentence for perverting the course of justice in this exceptional case, where the appellant retracted a truthful allegation under pressure from domestic abuse, is a community sentence with a supervision order, not immediate custody.

Court Disposition

appeal allowed

Orders

  • Sentence of eight months' imprisonment quashed
  • Appellant to be released immediately