R v Pemberton

R v Pemberton

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

Parties
Prosecution: Regina; Appellant: Sjayquan Pemberton
Jurisdiction
England and Wales
Judgment Date
12 November 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; operational period reduced; all other elements of sentence upheld.
Legal Topics
Sexual Offences, Sentencing, Appeal, Credit for Guilty Plea, Suspended Sentence
Criminal Law Sexual Offences Sentencing Appeal Credit for Guilty Plea Suspended Sentence

Case Brief

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Parties

Regina

Prosecution

Sjayquan Pemberton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Was the operational period of the suspended sentence manifestly excessive?
  2. 2 Should the appellant have received full credit for his guilty plea?
  3. 3 Did the offence cross the custodial threshold, making imprisonment unavoidable?

Ratio Decidendi

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

Court Disposition

Appeal allowed in part; operational period reduced; all other elements of sentence upheld.

Orders

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