Collis, R. v

Collis, R. v

The sentence was reduced because the case fell at the borderline of higher and lower culpability due to the provocation by the victim and the excessive but not premeditated use of force by the appellant, warranting a lower starting point and greater mitigation.

Parties
Prosecutor: Regina; Appellant: Rex Alan Collis
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Wounding With Intent, Sentencing Guidelines, Self Defence, Mitigation
Criminal Law Wounding With Intent Sentencing Guidelines Self Defence Mitigation

Case Brief

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Parties

Regina

Prosecutor

Rex Alan Collis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent was manifestly excessive
  2. 2 Proper application of the Sentencing Council's guideline for assault offences
  3. 3 Consideration of provocation and excessive self-defence as mitigating factors

Ratio Decidendi

The sentence was reduced because the case fell at the borderline of higher and lower culpability due to the provocation by the victim and the excessive but not premeditated use of force by the appellant, warranting a lower starting point and greater mitigation.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Original sentence of eight years' imprisonment quashed
  • Substituted sentence of six years' imprisonment imposed