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Court of Appeal allows appeal against the severity of sentences totalling four years' imprisonment with the final year suspended imposed for indecent assault of the appellant's niece, and increases the period of suspension from 12 months to 17 months, on the grounds that to simply send the appellant back to jail now would be harsh after he was released on bail pending the appeal in a situation where the full sentence would in all likelihood have been served before a date could have been provided for the hearing of the conviction appeal.
Criminal law – sentencing – appeal against the severity of sentences totalling four years' imprisonment with the final year suspended – appellant took up bail in advance of appeal – whether enough attention was paid to the appellant’s medical situation – whether the manner in which the trial judge dealt with the previous character of the appellant was inappropriate – judge adverted to the possibility the pleas might have been entered – whether sending the appellant back into custody having been at liberty in the community for the past 2 and a half years or something in excess of that would be harsh – period of suspension increased from 12 months to 17 months – appeal allowed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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