REGINA v RYAN BRENNAN

REGINA v RYAN BRENNAN

The appeal is allowed to the extent that the sentence for affray (count 2) is made concurrent rather than consecutive, reducing the overall term of imprisonment to 4 years. The period of disqualification is reduced accordingly. Insufficient weight was given to psychiatric evidence and the Sentencing Council Guideline on self-medication, warranting adjustment of the sentence structure.

Parties
Prosecution: Regina; Appellant: Ryan Brennan
Jurisdiction
England and Wales
Judgment Date
05 May 2022
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Mental Disorder, Totality, Dangerous Driving, Affray, Threats to Kill, Aggravated Vehicle Taking
Criminal Law Sentencing Mental Disorder Totality Dangerous Driving Affray Threats to Kill Aggravated Vehicle Taking

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Parties

Regina

Prosecution

Ryan Brennan

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the total sentence was manifestly excessive
  2. 2 Whether consecutive sentences were appropriate
  3. 3 Whether sufficient weight was given to psychiatric evidence and mitigating features

Ratio Decidendi

The appeal is allowed to the extent that the sentence for affray (count 2) is made concurrent rather than consecutive, reducing the overall term of imprisonment to 4 years. The period of disqualification is reduced accordingly. Insufficient weight was given to psychiatric evidence and the Sentencing Council Guideline on self-medication, warranting adjustment of the sentence structure.

Court Disposition

appeal allowed in part

Orders

  • Sentence for affray (count 2) made concurrent, not consecutive
  • Overall term of imprisonment reduced to 4 years