Ashworth, R v

Ashworth, R v

The notional determinate sentence of 4 years' imprisonment was manifestly excessive given the short duration of the detention, modest degree of violence, absence of weapons, and the appellant's early guilty plea. The sentence of imprisonment for public protection was quashed and substituted with a determinate sentence of 2 years' imprisonment.

Parties
Prosecutor: Regina; Appellant: William Lees Ashworth
Jurisdiction
England and Wales
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence of imprisonment for public protection quashed; determinate sentence substituted
Legal Topics
Sentencing, Dangerousness Assessment, Imprisonment for Public Protection, False Imprisonment, Criminal Damage
Criminal Law Sentencing Dangerousness Assessment Imprisonment for Public Protection False Imprisonment Criminal Damage

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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

William Lees Ashworth

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant posed a significant risk to the public of serious harm by committing further specified offences under section 229(2) of the Criminal Justice Act 2003
  2. 2 Whether a notional determinate sentence of 4 years' imprisonment was manifestly excessive for the offence of false imprisonment

Ratio Decidendi

The notional determinate sentence of 4 years' imprisonment was manifestly excessive given the short duration of the detention, modest degree of violence, absence of weapons, and the appellant's early guilty plea. The sentence of imprisonment for public protection was quashed and substituted with a determinate sentence of 2 years' imprisonment.

Court Disposition

appeal allowed; sentence of imprisonment for public protection quashed; determinate sentence substituted

Orders

  • Sentence of imprisonment for public protection quashed
  • Substitute sentence of 2 years' imprisonment on count 1 (false imprisonment)