Daly, R. v

Daly, R. v

The sentence of 3 years was excessive as there was no evidence the appellant intended to conceal his whereabouts to facilitate further crime; an appropriate sentence reflecting persistent disobedience is 18 months.

Parties
Prosecution: Regina; Appellant: Victor Daly
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Failure to Comply With Sex Offenders Register Notification Requirements

Case Brief

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Parties

Regina

Prosecution

Victor Daly

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of 3 years' imprisonment for failure to comply with notification requirements was manifestly excessive

Ratio Decidendi

The sentence of 3 years was excessive as there was no evidence the appellant intended to conceal his whereabouts to facilitate further crime; an appropriate sentence reflecting persistent disobedience is 18 months.

Court Disposition

appeal allowed in part

Orders

  • sentence of 3 years quashed
  • sentence of 18 months substituted