R v Tyler Fewery

The 15-month suspended sentence imposed on 11 March 2024 was unlawful as it exceeded the statutory maximum for summary offences. The activation of this sentence on 24 May 2024 was also unlawful. The Court quashed both sentences and resentenced the appellant to a total of 21 weeks' imprisonment, suspended for 18...

Source-derived case information.

Parties: Prosecution: Rex; Appellant: Tyler Fewery
Jurisdiction: England and Wales
Judgment Date: 20 February 2025
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed; sentences quashed and resentenced
Legal Topics: Sentencing, Unlawful Sentence, Breach of Restraining Order, Domestic Violence, Appeal Procedure

Criminal Law Sentencing Unlawful Sentence Breach of Restraining Order Domestic Violence Appeal Procedure

Source-derived case record

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 6

Parties

Rex

Prosecution

Tyler Fewery

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed on 11 March 2024 exceeded the statutory maximum for summary offences
2 Whether the activation of the suspended sentence on 24 May 2024 was lawful
3 Proper resentencing in light of statutory limits

Ratio Decidendi

Court Disposition

appeal allowed; sentences quashed and resentenced

Orders

Quash the 15-month suspended sentence imposed on 11 March 2024 and substitute with 21 weeks' imprisonment, suspended for 18 months, with no requirements attached.
Quash the activation of the suspended sentence on 24 May 2024.

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