Collis, R. v [2012] EWCA Crim 1335 (01 June 2012)

Collis, R. v [2012] EWCA Crim 1335 (01 June 2012)

The case fell at the borderline between categories 1 and 2 of the Sentencing Council guideline due to the combination of greater harm and mixed culpability; a starting point of nine years was appropriate, and with full credit for the guilty plea, the proper sentence was six years' imprisonment.

Citation
[2012] EWCA Crim 1335
Parties
Prosecution: Regina; Appellant: Rex Alan Collis
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced
Legal Topics
Sentencing, Wounding With Intent, Self Defence, Mitigation
Criminal Law Sentencing Wounding With Intent Self Defence Mitigation

Case Brief

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Parties

Regina

Prosecution

Rex Alan Collis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the original sentence excessive given the circumstances?
  2. 2 Should the sentencing guideline be applied or departed from?
  3. 3 What is the appropriate category of culpability and harm under the guideline?

Ratio Decidendi

The case fell at the borderline between categories 1 and 2 of the Sentencing Council guideline due to the combination of greater harm and mixed culpability; a starting point of nine years was appropriate, and with full credit for the guilty plea, the proper sentence was six years' imprisonment.

Court Disposition

sentence reduced

Orders

  • sentence of eight years' imprisonment quashed
  • sentence of six years' imprisonment substituted