Pollard, R. v [2025] EWCA Crim 1738 (26 November 2025)

Pollard, R. v [2025] EWCA Crim 1738 (26 November 2025)

The original suspended sentence was unduly lenient given the seriousness and aggravating features of the offences; a sentence of 32 months' immediate custody would have been appropriate, but in light of the flawed Goodyear indication and fairness, the sentence is increased to 2 years' immediate imprisonment, concurrent on both counts, with the restraining order to remain.

Citation
[2025] EWCA Crim 1738
Parties
Prosecution: Rex; Offender: Luke Pollard
Jurisdiction
England and Wales
Judgment Date
26 November 2025
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
appeal allowed; sentence increased
Legal Topics
Unduly Lenient Sentence, Domestic Abuse, Controlling and Coercive Behaviour, Grievous Bodily Harm, Goodyear Indication, Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecution

Luke Pollard

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Proper categorisation of offences for sentencing guidelines
  3. 3 Effect of procedural errors in Goodyear indication

Ratio Decidendi

The original suspended sentence was unduly lenient given the seriousness and aggravating features of the offences; a sentence of 32 months' immediate custody would have been appropriate, but in light of the flawed Goodyear indication and fairness, the sentence is increased to 2 years' immediate imprisonment, concurrent on both counts, with the restraining order to remain.

Court Disposition

appeal allowed; sentence increased

Orders

  • Original suspended sentences quashed
  • 2 years' immediate imprisonment imposed concurrently on both counts