Bishop, R. v [2011] EWCA Crim 1446 (27 May 2011)

Bishop, R. v [2011] EWCA Crim 1446 (27 May 2011)

The appeal was allowed because the sentencing judge failed to sufficiently investigate and consider the arrangements and impact on the appellant's children, as required by established legal principles. The custodial sentences were suspended to mitigate the hardship on the children, while maintaining the punitive aspect of the sentence.

Citation
[2011] EWCA Crim 1446
Parties
Prosecution: Regina; Appellant: Wayne Steven Bishop
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerous Driving, Burglary, Impact on Children, Suspended Sentences
Criminal Law Sentencing Dangerous Driving Burglary Impact on Children Suspended Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Wayne Steven Bishop

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge gave sufficient consideration to the impact of imprisonment on the appellant's children
  2. 2 Whether the custodial sentences should have been suspended given the appellant's family circumstances

Ratio Decidendi

The appeal was allowed because the sentencing judge failed to sufficiently investigate and consider the arrangements and impact on the appellant's children, as required by established legal principles. The custodial sentences were suspended to mitigate the hardship on the children, while maintaining the punitive aspect of the sentence.

Court Disposition

appeal allowed in part

Orders

  • The consecutive sentences of 4 months each for burglary and dangerous driving are suspended for 2 years.
  • Supervision requirement for 12 months.