Pemberton, R. v [2021] EWCA Crim 1768 (12 November 2021)

Pemberton, R. v [2021] EWCA Crim 1768 (12 November 2021)

The operational period of the suspended sentence was manifestly excessive and should be reduced to 12 months; there was no basis for full credit for the guilty plea as the appellant could have pleaded sooner; the custodial threshold was properly crossed given the seriousness and impact of the offence.

Source-derived case information.

Citation
[2021] EWCA Crim 1768
Parties
Prosecution: Regina; Appellant: Sjayquan Pemberton
Jurisdiction
England and Wales
Judgment Date
12 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Sexual Assault, Sentencing, Credit for Guilty Plea, Suspended Sentence, Custodial Threshold
Criminal Law Sexual Assault Sentencing Credit for Guilty Plea Suspended Sentence Custodial Threshold

Source-derived case record

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Sjayquan Pemberton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the operational period of the suspended sentence was manifestly excessive
  2. 2 Whether the appellant was entitled to full credit for his guilty plea
  3. 3 Whether the custodial threshold was properly crossed

Ratio Decidendi

The operational period of the suspended sentence was manifestly excessive and should be reduced to 12 months; there was no basis for full credit for the guilty plea as the appellant could have pleaded sooner; the custodial threshold was properly crossed given the seriousness and impact of the offence.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Operational period of suspended sentence reduced from 24 months to 12 months
  • All other elements of the sentence remain unaltered