Fitzpatrick, R. v

Fitzpatrick, R. v

The Court of Appeal found that the overall determinate sentence of twenty-one and a half years was excessive as a matter of totality and reduced it to sixteen and a half years by lowering the custodial terms for counts 6 and 8.

Parties
Prosecution: Regina; Appellant: Robert Fitzpatrick
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Criminal Appeal / Judgment on 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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Parties

Regina

Prosecution

Robert Fitzpatrick

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the overall sentence imposed was excessive as a matter of totality
  2. 2 Appropriateness of consecutive sentences for multiple violent offences
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The Court of Appeal found that the overall determinate sentence of twenty-one and a half years was excessive as a matter of totality and reduced it to sixteen and a half years by lowering the custodial terms for counts 6 and 8.

Court Disposition

appeal allowed in part

Orders

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