Brosch, R v

Brosch, R v

The sentence of 20 months' imprisonment was not manifestly excessive given the risk of serious disorder, aggravation by previous convictions, and proper application of the Sentencing Guidelines by the trial judge.

Parties
Prosecution: Regina; Appellant: Richard Brosch
Jurisdiction
England and Wales
Judgment Date
07 April 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal dismissed
Legal Topics
Sentencing, Bladed Article Offence, Breach of Criminal Behaviour Order, Appeal Against Sentence
Criminal Law Sentencing Bladed Article Offence Breach of Criminal Behaviour Order Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Richard Brosch

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 20 months' imprisonment for possession of a bladed article was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Guidelines and considered mitigation

Ratio Decidendi

The sentence of 20 months' imprisonment was not manifestly excessive given the risk of serious disorder, aggravation by previous convictions, and proper application of the Sentencing Guidelines by the trial judge.

Court Disposition

application for leave to appeal dismissed