Fitzpatrick, R. v [2018] EWCA Crim 1768 (08 June 2018)

The overall determinate sentence of twenty-one and a half years was excessive; a term of sixteen and a half years was appropriate, achieved by reducing the custodial terms on counts 6 and 8.

Citation: [2018] EWCA Crim 1768
Parties: Prosecution: Regina; Appellant: Robert Fitzpatrick
Jurisdiction: England and Wales
Judgment Date: 08 June 2018
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Sentencing, Domestic Violence, Grievous Bodily Harm, Conspiracy to Pervert the Course of Justice, Totality Principle

Criminal Law Sentencing Domestic Violence Grievous Bodily Harm Conspiracy to Pervert the Course of Justice Totality Principle

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 11

Parties

Regina

Prosecution

Robert Fitzpatrick

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the overall sentence imposed was excessive as a matter of totality
2 Appropriateness of consecutive sentences for multiple violent offences
3 Assessment of dangerousness and eligibility for life sentence

Ratio Decidendi

The overall determinate sentence of twenty-one and a half years was excessive; a term of sixteen and a half years was appropriate, achieved by reducing the custodial terms on counts 6 and 8.

Court Disposition

appeal allowed in part

Orders

Custodial term on count 6 reduced from 6 to 4 years
Custodial term on count 8 reduced from 12 to 10 years