Blazys, R v

Blazys, R v

The starting point of 18 months' imprisonment before plea was too high for this spontaneous, unpremeditated affray causing only minor injuries. The sentence did not sufficiently account for the appellant's good character and personal mitigation. The appropriate sentence is eight months' imprisonment.

Parties
Prosecution: Regina; Appellant: Sistas Blazys
Jurisdiction
England and Wales
Judgment Date
13 March 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Affray, Sentencing, Mitigation, Aggravating Factors
Criminal Law Affray Sentencing Mitigation Aggravating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Sistas Blazys

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for affray was manifestly excessive given the circumstances and mitigation.

Ratio Decidendi

The starting point of 18 months' imprisonment before plea was too high for this spontaneous, unpremeditated affray causing only minor injuries. The sentence did not sufficiently account for the appellant's good character and personal mitigation. The appropriate sentence is eight months' imprisonment.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence of 12 months' imprisonment quashed
  • Substituted sentence of 8 months' imprisonment