Elkington, R. v

Elkington, R. v

The custodial element of the extended sentence was excessive given the appellant's record and circumstances; the sentence should be reduced but the extended licence period increased to maintain the total sentence length.

Parties
Prosecution: Regina; Appellant: Simon Elkington
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Assault by Beating, Extended Sentence, Recall on Licence
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Assault by Beating Extended Sentence Recall on Licence

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Parties

Regina

Prosecution

Simon Elkington

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge took insufficient account of time spent in custody pending sentence when recalled on licence
  2. 2 Whether the starting point for the custodial sentence for assault occasioning actual bodily harm was too high

Ratio Decidendi

The custodial element of the extended sentence was excessive given the appellant's record and circumstances; the sentence should be reduced but the extended licence period increased to maintain the total sentence length.

Court Disposition

appeal allowed in part

Orders

  • custodial element of 44 months quashed and substituted with 36 months
  • extended licence period increased to 24 months