SW, R. v

SW, R. v

The sentence imposed was not manifestly excessive; the judge properly considered totality, aggravating and mitigating factors, and did not double count. The application for leave to appeal is refused.

Parties
Prosecutor: Regina; Applicant: SW
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Rape, Breach of Restraining Order, Domestic Violence
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Rape Breach of Restraining Order Domestic Violence

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Parties

Regina

Prosecutor

SW

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term imposed was manifestly excessive
  2. 2 Whether the sentencing judge double-counted aggravating factors
  3. 3 Whether sufficient regard was had to totality and mitigation

Ratio Decidendi

The sentence imposed was not manifestly excessive; the judge properly considered totality, aggravating and mitigating factors, and did not double count. The application for leave to appeal is refused.

Court Disposition

Application for leave to appeal against sentence refused