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England and Wales decisions
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The Court of Appeal reduced and suspended Samuel Toon’s 18-month sentence for affray, finding immediate custody unnecessary despite the seriousness of the violence.
The Court of Appeal upheld an eight-month sentence for dangerous driving and no insurance, rejecting arguments that the uplift and refusal to suspend were wrong.
The Court of Appeal held that paragraph 25(1)(b)(ii) of Schedule 10 allowed revocation of the community order when the suspended sentence was activated, and dismissed the appeal.
Evans, R. v [2026] EWCA Crim 495 (25 March 2026)
The Court of Appeal held that exceptional circumstances justified disapplying the statutory minimum term for repeat class A supply and substituted a suspended sentence.
The Court of Appeal quashed immediate custody for child image offences and substituted a 20-month suspended sentence with rehabilitation and unpaid work.
Minter, R. v [2026] EWCA Crim 359 (03 March 2026)
Court of Appeal reduced and suspended Sam Minter’s sentence for affray, threats to kill, and non-fatal strangulation after finding counts 4 and 6 were too high.
Stonewater Ltd v Harry Mitchell & Anor [2026] EWCC 17 (25 February 2026)
The County Court sentenced Harry Mitchell to six weeks’ custody, suspended for the duration of an injunction, after finding two deliberate breaches causing harassment and distress.
The sentence imposed did not sufficiently account for the appellant's mitigation and the lower quantity of drugs compared to the guideline threshold; a suspended sentence was appropriate given her age, remorse, rehabilitation prospects, and time already served.
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The sentence, though lenient, was not unduly lenient as the judge considered all relevant aggravating and mitigating factors and was entitled to suspend the sentence; the appellate court will not interfere unless the sentence falls outside the reasonable range.
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The sentencing judge erred in categorising harm and culpability, gave excessive credit for a late guilty plea, and improperly relied on irrelevant mitigating factors. The appropriate sentence after trial should have been 6 years’ imprisonment, reduced by 20% for the guilty plea to 4 years 9 months. The original suspended sentence was unduly lenient and is quashed, substituted with immediate custody.
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