McDermott, R. v

Given the appellant's history of violence, alcohol as an aggravating factor, and the need to protect public servants, the sentence of 15 months' imprisonment was not excessive.

Parties: Prosecution: Regina; Appellant: Victor McDermott
Jurisdiction: England and Wales
Judgment Date: 12 May 2006
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Sentencing, Assault Occasioning Actual Bodily Harm, Alcohol Related Violence, Protection of Public Servants

Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Alcohol Related Violence Protection of Public Servants

Case Brief

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Parties

Regina

Prosecution

Victor McDermott

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed for assault occasioning actual bodily harm was excessive given the circumstances and precedent.

Ratio Decidendi

Given the appellant's history of violence, alcohol as an aggravating factor, and the need to protect public servants, the sentence of 15 months' imprisonment was not excessive.

Court Disposition

appeal dismissed

Orders

sentence of one year and three months' imprisonment upheld