Lambert, R v

Lambert, R v

The custodial sentence of 12 months' detention was justified and not excessive given the seriousness of the offence, the applicant's deliberate conduct, and the fatal consequences, even after considering his age, plea, and lack of previous convictions.

Parties
Prosecutor: Regina; Applicant: Robert John Lambert
Jurisdiction
England and Wales
Judgment Date
27 August 2008
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal refused
Legal Topics
Sentencing, Offences Against the Person, Dangerous Cycling, Wilful Misconduct
Criminal Law Sentencing Offences Against the Person Dangerous Cycling Wilful Misconduct

Case Brief

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Parties

Regina

Prosecutor

Robert John Lambert

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether a custodial sentence was justified for causing bodily harm by wilful misconduct under section 35 of the Offences Against the Person Act 1861
  2. 2 Whether the sentence of 12 months' detention was excessive given the applicant's age, plea, and lack of previous convictions

Ratio Decidendi

The custodial sentence of 12 months' detention was justified and not excessive given the seriousness of the offence, the applicant's deliberate conduct, and the fatal consequences, even after considering his age, plea, and lack of previous convictions.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal against sentence refused