Chikwendu, R. v

Chikwendu, R. v

The sentencing judge was entitled to assess the offence as category 2A with level A culpability and to impose a 12-month immediate custodial sentence, given the aggravating factors and the need for deterrence. The judge properly considered the possibility of suspension and concluded that only immediate custody was appropriate.

Parties
Respondent: Regina; Appellant: Uche Chikwendu
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Affray, Sentencing, Use of Bladed Article, Public Order Offences, Suspension of Sentence, Deterrence
Criminal Law Affray Sentencing Use of Bladed Article Public Order Offences Suspension of Sentence Deterrence

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Parties

Regina

Respondent

Uche Chikwendu

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the appellant's culpability for affray
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the judge failed to properly consider suspending the sentence in light of relevant guidelines and the COVID-19 pandemic

Ratio Decidendi

The sentencing judge was entitled to assess the offence as category 2A with level A culpability and to impose a 12-month immediate custodial sentence, given the aggravating factors and the need for deterrence. The judge properly considered the possibility of suspension and concluded that only immediate custody was appropriate.

Court Disposition

appeal dismissed