R v Scott Cowell

R v Scott Cowell

The sentence of immediate custody was justified due to the persistent breach of the non-molestation order, the aggravating factor of assault, and the appellant's history of non-compliance. The sentencing judge was entitled to uplift the starting point and was correct that only immediate custody was appropriate after weighing the relevant guideline factors.

Parties
Appellant: Scott Cowell; Respondent: Rex; Complainant: Ms Patel
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Breach of Non Molestation Order, Assault by Beating, Sentencing Guidelines, Suspension of Custodial Sentence, Domestic Abuse
Criminal Law Breach of Non Molestation Order Assault by Beating Sentencing Guidelines Suspension of Custodial Sentence Domestic Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Scott Cowell

Appellant

Rex

Respondent

Ms Patel

Complainant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed should have been a community order or suspended
  2. 2 Whether the sentencing judge correctly applied the relevant sentencing guidelines for breach of a non-molestation order and assault by beating
  3. 3 Whether the uplift in sentence and refusal to suspend were justified

Ratio Decidendi

The sentence of immediate custody was justified due to the persistent breach of the non-molestation order, the aggravating factor of assault, and the appellant's history of non-compliance. The sentencing judge was entitled to uplift the starting point and was correct that only immediate custody was appropriate after weighing the relevant guideline factors.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed. The sentence of 12 months' immediate imprisonment stands.