Ogunyemi, R. v

Ogunyemi, R. v

The sentence of 20 months' imprisonment was within the guideline range for the offence and the trial judge was entitled not to depart from guidelines or adjourn for a pre-sentence report; no grounds to interfere with the sentence.

Parties
Respondent: Regina; Applicant: Sunday Adeola Ogunyemi
Jurisdiction
England and Wales
Judgment Date
08 December 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
application for leave to appeal refused
Legal Topics
Sentencing, Use of False Instrument, Mitigating Factors, Pre Sentence Report
Criminal Law Sentencing Use of False Instrument Mitigating Factors Pre Sentence Report

Case Brief

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Parties

Regina

Respondent

Sunday Adeola Ogunyemi

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing an adjournment for a pre-sentence report
  2. 2 Whether insufficient weight was given to the applicant's good character
  3. 3 Whether the sentence exceeded guidelines for the offence

Ratio Decidendi

The sentence of 20 months' imprisonment was within the guideline range for the offence and the trial judge was entitled not to depart from guidelines or adjourn for a pre-sentence report; no grounds to interfere with the sentence.

Court Disposition

application for leave to appeal refused

Orders

  • leave to appeal sentence refused