R v Tyrell Gomez
The sentence imposed was unduly lenient given the seriousness and aggravating factors; the offence was at the top of culpability A and bottom of harm category 2; a sentence after trial reflecting aggravating factors but before mitigation should be at least 8½ years; after mitigation and full third discount for plea, the appropriate sentence is 5 years.
- Parties
- Prosecution: Rex; Respondent: Tyrell Gomez
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2025
- Procedural Posture
- Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
- Outcome
- Reference allowed; sentence increased
- Legal Topics
- Sentencing, Wounding With Intent, Breach of Restraining Order, Domestic Violence, Dangerousness Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Tyrell Gomez
Respondent
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed was unduly lenient
- 2 Appropriateness of mitigation for mental health conditions
- 3 Correctness of plea discount
Ratio Decidendi
The sentence imposed was unduly lenient given the seriousness and aggravating factors; the offence was at the top of culpability A and bottom of harm category 2; a sentence after trial reflecting aggravating factors but before mitigation should be at least 8½ years; after mitigation and full third discount for plea, the appropriate sentence is 5 years.
Court Disposition
Reference allowed; sentence increased
Orders
- Sentence on count 1 increased from 4 years to 5 years imprisonment
- Concurrent sentence of 3 months for breach of restraining order remains
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