Henderson, R. v

Henderson, R. v

The starting point for sentence was set too high given the appellants' effective good character and the need for short custodial sentences; the period of disqualification for Henderson should match the mandatory period he sought to avoid, and no disqualification was justified for Metcalfe.

Parties
Prosecution: Regina; Appellant: Trevor Richard Henderson; Appellant: Graeme David Metcalfe
Jurisdiction
England and Wales
Judgment Date
20 April 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Perverting the Course of Justice, Sentencing, Driving Disqualification
Criminal Law Perverting the Course of Justice Sentencing Driving Disqualification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Regina

Prosecution

Trevor Richard Henderson

Appellant

Graeme David Metcalfe

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentences imposed were manifestly excessive
  2. 2 Whether the orders for driving disqualification were appropriate in the circumstances

Ratio Decidendi

The starting point for sentence was set too high given the appellants' effective good character and the need for short custodial sentences; the period of disqualification for Henderson should match the mandatory period he sought to avoid, and no disqualification was justified for Metcalfe.

Court Disposition

appeal allowed in part

Orders

  • Custodial sentences reduced from six months to four months for both appellants
  • Henderson's driving disqualification reduced from 12 months to 6 months