Black, R. v [2024] EWCA Crim 1644 (11 December 2024)
The sentencing judge's limited consideration of the appellant's PTSD was not an error, as the circumstances warranted a significant custodial sentence and the mental health mitigation did not justify a reduction; the sentence of 8 years' imprisonment was not manifestly excessive.
- Citation
- [2024] EWCA Crim 1644
- Parties
- Prosecution: Rex; Appellant: Thomas Black
- Jurisdiction
- England and Wales
- Judgment Date
- 11 December 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Sexual Offences, Mental Health in Sentencing, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Thomas Black
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 8 years' imprisonment for assault by penetration was manifestly excessive given the appellant's mental ill-health (PTSD)
Ratio Decidendi
The sentencing judge's limited consideration of the appellant's PTSD was not an error, as the circumstances warranted a significant custodial sentence and the mental health mitigation did not justify a reduction; the sentence of 8 years' imprisonment was not manifestly excessive.
Court Disposition
appeal dismissed
Full Case Text
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