Johnson, R. v [2026] EWCA Crim 550 (16 April 2026)

Johnson, R. v [2026] EWCA Crim 550 (16 April 2026)

Although the sentencing judge erred in suggesting the victim's wishes could determine the sentence, the sentence imposed was not unduly lenient because the custodial threshold was crossed but effectively served by time in custody, and the sentence remained within the reasonable range for the offences and circumstances.

Citation
[2026] EWCA Crim 550
Parties
Applicant: Rex; Respondent: Martyn Johnson
Jurisdiction
England and Wales
Judgment Date
16 April 2026
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Reference granted; appeal dismissed
Legal Topics
Stalking, Sentencing, Domestic Abuse, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Stalking Sentencing Domestic Abuse Attorney General's Reference Unduly Lenient Sentence

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Parties

Rex

Applicant

Martyn Johnson

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for stalking involving serious alarm or distress was unduly lenient
  2. 2 Whether the sentencing judge erred by giving determinative weight to the victim's personal statement and time served in custody

Ratio Decidendi

Although the sentencing judge erred in suggesting the victim's wishes could determine the sentence, the sentence imposed was not unduly lenient because the custodial threshold was crossed but effectively served by time in custody, and the sentence remained within the reasonable range for the offences and circumstances.

Court Disposition

Reference granted; appeal dismissed

Orders

  • Leave for the Reference granted to clarify sentencing principles in domestic abuse cases.
  • Reference dismissed; original sentence stands.