R v Thomas Smith & Ors

R v Thomas Smith & Ors

The judge was entitled to impose immediate custodial sentences of two years on each applicant, reduced from a three-year starting point due to guilty pleas, given the seriousness, aggravating factors, and despite strong mitigation. The sentences were neither excessive nor wrong in principle, and suspension was not warranted.

Parties
Applicant: Thomas Smith; Applicant: Robert Smith; Applicant: Jeffrey Smith; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Violent Disorder, Sentencing, Appeal Against Sentence
Criminal Law Violent Disorder Sentencing Appeal Against Sentence

Case Brief

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Parties

Thomas Smith

Applicant

Robert Smith

Applicant

Jeffrey Smith

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were excessive or wrong in principle
  2. 2 Whether the sentences should have been suspended

Ratio Decidendi

The judge was entitled to impose immediate custodial sentences of two years on each applicant, reduced from a three-year starting point due to guilty pleas, given the seriousness, aggravating factors, and despite strong mitigation. The sentences were neither excessive nor wrong in principle, and suspension was not warranted.

Court Disposition

application for leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused for all three applicants.