The Supreme Court dismissed an appeal by an individual who challenged the Court of Appeal’s decision to increase his sentence to five and a half years’ imprisonment for false imprisonment committed against a former partner, with an associated assault taken into consideration. The Supreme Court upheld the Court of Appeal’s finding that the original sentence from the Circuit Court was unduly lenient given the seriousness, duration, violence, and breach of trust inherent in the offending, which included forcibly imprisoning the victim in a car boot and subjecting her to prolonged violence. The Supreme Court confirmed that offences committed in the context of an intimate relationship require a higher sentence due to greater harm and culpability, and rejected calls to provide rigid sentencing guidelines for false imprisonment, citing the variety of circumstances in which such offences occur. The practice of taking offences into consideration when sentencing was confirmed as lawful but requiring care to avoid perceptions of undue leniency or 'free rides' for offenders.
sentencing principles – false imprisonment – intimate relationship – aggravating factors – breach of trust – violence – serious harm – headline sentence – Court of Appeal review – Domestic Violence Act 2018 – section 40 – taking offences into consideration – unduly lenient sentence – guideline judgment – sentence uplift