Source: All England Reporter
Publisher Citation: [2008] All ER (D) 148 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ and Judge Moss QC
Representation Michael Benson (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 12 June 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Doing an act tending and intended to pervert the course of public justice - Three-and-a-half years' imprisonment - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of three-and-a-half years' imprisonment for doing an act tended and intended to pervert the course of justice would be allowed. In the instant case the judge had taken too high a starting point. In the light of authority and, giving credit for all the matters in the defendant's favour, a sentence of two-and-a-half years' imprisonment was appropriate. The sentence of three-and-a-half years' imprisonment would be quashed and substituted by a sentence of two-and-a-half years' imprisonment.

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