Ogunyemi, R. v [2006] EWCA Crim 3163 (08 December 2006)

Ogunyemi, R. v [2006] EWCA Crim 3163 (08 December 2006)

A sentence of 20 months' imprisonment after trial for using a false instrument is within the guideline range and not manifestly excessive; the trial judge was entitled not to adjourn for a pre-sentence report and to find no justification for departing from the guidelines based on the facts.

Citation
[2006] EWCA Crim 3163
Parties
Prosecution: Regina; Applicant: Sunday Adeola Ogunyemi
Jurisdiction
England and Wales
Judgment Date
08 December 2006
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal refused
Legal Topics
Forgery, Sentencing, Use of False Instrument, Appeal Against Sentence
Criminal Law Forgery Sentencing Use of False Instrument Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Sunday Adeola Ogunyemi

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 20 months' imprisonment for using a false instrument was manifestly excessive
  2. 2 Whether the judge erred in refusing an adjournment for a pre-sentence report
  3. 3 Whether sufficient weight was given to the applicant's good character and mitigating features

Ratio Decidendi

A sentence of 20 months' imprisonment after trial for using a false instrument is within the guideline range and not manifestly excessive; the trial judge was entitled not to adjourn for a pre-sentence report and to find no justification for departing from the guidelines based on the facts.

Court Disposition

application for leave to appeal refused