Attorney General's Reference No 17 of 2008

Attorney General's Reference No 17 of 2008

Immediate imprisonment is required for perverting the course of justice, but substantial personal mitigation justifies a reduced sentence of six months' imprisonment, served concurrently on all counts, with a 12-month driving disqualification.

Parties
Applicant: Solicitor General; Respondent: Patrick Sheehan-Dinler
Jurisdiction
England and Wales
Judgment Date
22 May 2008
Procedural Posture
Criminal / Sentence Review
Outcome
sentence varied
Legal Topics
Perverting the Course of Justice, Sentencing, Mitigation, Driving Disqualification
Criminal Law Perverting the Course of Justice Sentencing Mitigation Driving Disqualification

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Parties

Solicitor General

Applicant

Patrick Sheehan-Dinler

Respondent

Procedural Posture

Criminal / Sentence Review

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Appropriateness of immediate imprisonment for perverting the course of justice
  3. 3 Whether driving disqualification should be imposed

Ratio Decidendi

Immediate imprisonment is required for perverting the course of justice, but substantial personal mitigation justifies a reduced sentence of six months' imprisonment, served concurrently on all counts, with a 12-month driving disqualification.

Court Disposition

sentence varied

Orders

  • Six months' imprisonment imposed concurrently on all six counts, to be served immediately.
  • Twelve months' disqualification from holding or obtaining a driving licence imposed concurrently on all counts.