Source: All England Reporter
Publisher Citation: [2008] All ER (D) 376 (Apr)
Neutral Citation: [2008] EWCA Crim 361
Court: Court of Appeal, Criminal Division
Judge:

Wilkie J, the Recorder of London and Judge Peter Beaumont QC

Representation Daniel Frier (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 29 January 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Blackmail - Defendant pleading guilty to offence of blackmail - Offence relating to telephone threats made in relation to money belonging to defendant's girlfriend - Judge imposing sentence of three years' imprisonment - Whether sentence manifestly excessive.

The Case

Where the defendant had pleaded guilty to an offence of blackmail, in circumstances where he had made threats in relation to money belonging to his partner over the telephone, a sentence of three years' imprisonment was held to be manifestly excessive on the basis that the judge had taken too high a starting point. Accordingly, that sentence was quashed and substituted with one of two years' imprisonment.

If you are a LexisLibrary subscriber you can read more about this case here.