Bell, R. v [2024] EWCA Crim 1013 (26 July 2024)

The original sentences for stalking and forgery were manifestly excessive given the facts and proper categorisation of culpability and harm. The total sentence failed to reflect the principle of totality. The appropriate sentence is 22 months for stalking, 4 months for forgery, 10 months for perverting the course of justice (consecutive), and 3 months concurrent for breach of restraining order, totalling 3 years' imprisonment.

Citation: [2024] EWCA Crim 1013
Parties: Respondent: Rex; Appellant: Stuart Bell
Jurisdiction: England and Wales
Judgment Date: 26 July 2024
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part; sentence reduced
Legal Topics: Sentencing, Stalking, Forgery, Perverting the Course of Justice, Breach of Restraining Order, Totality Principle

Criminal Law Sentencing Stalking Forgery Perverting the Course of Justice Breach of Restraining Order Totality Principle

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 9

Parties

Rex

Respondent

Stuart Bell

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the original sentence was manifestly excessive
2 Proper categorisation of culpability and harm for stalking
3 Appropriate sentence for forgery in absence of financial loss

Ratio Decidendi

Court Disposition

appeal allowed in part; sentence reduced

Orders

Sentences for stalking and forgery quashed and substituted with 22 months and 4 months respectively
Total sentence reduced to 3 years' imprisonment