Asmelash, R. v

Asmelash, R. v

The judge ought to have concluded that it was appropriate to suspend the appellant's sentence given his strong personal mitigation and realistic prospect of rehabilitation, despite the seriousness of the offence and his role as instigator.

Parties
Appellant: Soloman Asmelash; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Violent Disorder, Sentencing, Suspended Sentences, Disparity of Sentence
Criminal Law Violent Disorder Sentencing Suspended Sentences Disparity of Sentence

Case Brief

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Parties

Soloman Asmelash

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence of 16 months' imprisonment was manifestly excessive
  2. 2 Whether the judge was wrong not to suspend the appellant's sentence
  3. 3 Whether there was impermissible disparity in sentence between the appellant and co-defendants

Ratio Decidendi

The judge ought to have concluded that it was appropriate to suspend the appellant's sentence given his strong personal mitigation and realistic prospect of rehabilitation, despite the seriousness of the offence and his role as instigator.

Court Disposition

appeal allowed

Orders

  • Sentence of 16 months' imprisonment quashed and replaced with 16 months' imprisonment suspended for 2 years