Attorney General's Reference No 17 of 2008 [2008] EWCA Crim 1341 (22 May 2008)

Attorney General's Reference No 17 of 2008 [2008] EWCA Crim 1341 (22 May 2008)

Immediate imprisonment is required for perverting the course of justice except in the most exceptional cases. In this case, despite substantial personal mitigation, the seriousness and persistence of the offending required a custodial sentence, but the term was reduced to reflect mitigation and double jeopardy.

Citation
[2008] EWCA Crim 1341
Parties
Applicant: Solicitor General; Offender/respondent: Patrick Sheehan-Dinler
Jurisdiction
England and Wales
Judgment Date
22 May 2008
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed and replaced with immediate imprisonment and disqualification.
Legal Topics
Perverting the Course of Justice, Sentencing, Unduly Lenient Sentence, Driving Offences, Disqualification From Driving
Criminal Law Perverting the Course of Justice Sentencing Unduly Lenient Sentence Driving Offences Disqualification From Driving

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Parties

Solicitor General

Applicant

Patrick Sheehan-Dinler

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence for perverting the course of justice was unduly lenient
  2. 2 Whether immediate imprisonment was required for the offences committed
  3. 3 Whether a disqualification from driving should have been imposed

Ratio Decidendi

Immediate imprisonment is required for perverting the course of justice except in the most exceptional cases. In this case, despite substantial personal mitigation, the seriousness and persistence of the offending required a custodial sentence, but the term was reduced to reflect mitigation and double jeopardy.

Court Disposition

Appeal allowed; original sentence quashed and replaced with immediate imprisonment and disqualification.

Orders

  • Six months' imprisonment on each of six counts, concurrent, to be served immediately
  • 12 months' disqualification from holding or obtaining a driving licence on each count, concurrent