Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)

Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)

The original sentence of 12 months for possession of an imitation firearm with intent to cause fear of violence did not reflect the seriousness of the offence, which involved deliberate discharge of a loaded air pistol at the victim in her own home, causing actual bodily harm. The overall sentence failed to adequately reflect the sustained domestic violence, intimidation, and risk to the victim. The appropriate sentence for Count 2 should have been 4 years, resulting in a total sentence of 5 years and 8 months.

Citation
[2017] EWCA Crim 2464
Parties
Prosecution: Regina; Appellant: Thomas Anthony Corlett
Jurisdiction
England and Wales
Judgment Date
14 November 2017
Procedural Posture
Criminal Appeal / Sentence Review Under Section 36 Criminal Justice Act 1988
Outcome
appeal allowed; sentence increased
Legal Topics
Unduly Lenient Sentence, Domestic Violence, Firearms Offences, Dangerous Driving, Perverting the Course of Justice, Harassment, Criminal Damage, Handling Stolen Goods
Criminal Law Unduly Lenient Sentence Domestic Violence Firearms Offences Dangerous Driving Perverting the Course of Justice Harassment Criminal Damage +1 more

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Parties

Regina

Prosecution

Thomas Anthony Corlett

Appellant

Procedural Posture

Criminal Appeal / Sentence Review Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the total sentence of 32 months' imprisonment was unduly lenient for a series of offences including assault occasioning actual bodily harm, possession of an imitation firearm with intent to cause fear of violence, perverting the course of justice, dangerous driving, harassment, criminal damage, and handling stolen goods.

Ratio Decidendi

The original sentence of 12 months for possession of an imitation firearm with intent to cause fear of violence did not reflect the seriousness of the offence, which involved deliberate discharge of a loaded air pistol at the victim in her own home, causing actual bodily harm. The overall sentence failed to adequately reflect the sustained domestic violence, intimidation, and risk to the victim. The appropriate sentence for Count 2 should have been 4 years, resulting in a total sentence of 5 years and 8 months.

Court Disposition

appeal allowed; sentence increased

Orders

  • Sentence on Count 2 (possession of imitation firearm with intent to cause fear of violence) increased to 4 years' imprisonment.
  • Total sentence increased to 5 years and 8 months' imprisonment.