Graham, R. v (Rev 1)
The cumulative effect of acquittal on count 1, lack of previous convictions, autism diagnosis, significant delay and impact on mental health, absence of risk to the public, and Covid-19 prison conditions constituted exceptional circumstances justifying suspension of the custodial sentence for perverting the course of justice.
- Parties
- Applicant: Solicitor General; Respondent: David George Graham
- Jurisdiction
- England and Wales
- Judgment Date
- 03 December 2020
- Procedural Posture
- Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient
- Outcome
- leave refused; suspended sentence upheld
- Legal Topics
- Perverting the Course of Justice, Sentencing, Suspended Sentences, Mitigation, Mental Health, Delay in Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Solicitor General
Applicant
David George Graham
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient
Legal Issues
- 1 Whether the suspended sentence for perverting the course of justice was unduly lenient
- 2 Whether exceptional circumstances justified suspension of custodial sentence
Ratio Decidendi
The cumulative effect of acquittal on count 1, lack of previous convictions, autism diagnosis, significant delay and impact on mental health, absence of risk to the public, and Covid-19 prison conditions constituted exceptional circumstances justifying suspension of the custodial sentence for perverting the course of justice.
Court Disposition
leave refused; suspended sentence upheld
Orders
- Application for leave to refer sentence as unduly lenient refused
Full Case Text
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