MITIGATION

[2018] EWHC 144 (Admin) [2018] EWHC 144 (Admin)

A university’s decision to exclude a student from a pharmacy degree course on the basis of non-disclosure of criminal convictions received as a juvenile was quashed. The university’s fitness to practise panel’s failure to take into account the student’s considerable mitigation meant that it had not struck a fair balance between his rights and the protection of the public.

A sentence of 10 months’ imprisonment imposed following a conviction for kidnapping was not unduly lenient where an offender with learning difficulties had used minimal force to detain his fiancee for a maximum of ten minutes and where the offence had no lasting effect on the victim, who had been in a relationship with the offender for three years and still intended to marry him.

[2017] EWCA Crim 2299 [2017] EWCA Crim 2299

The court gave guidance on the considerations to take into account when sentencing for an offence of reckless arson.

A sentence of two years’ imprisonment following a guilty plea to two counts of fraudulent evasion of duty contrary to the Customs & Excise Management Act 1971 s.170(2) was manifestly excessive in circumstances where the offender had become involved in the criminal activity through coercion and intimidation. A sentence of 18 months’ imprisonment suspended for two years with a two-year supervision requirement was substituted.

[2017] EWCA Crim 1273 [2017] EWCA Crim 1273

A sentence of two months’ imprisonment for bringing a controlled drug into a prison was appropriate despite the fact that the offender was a carer for her disabled daughter and grandchild. The judge had also been entitled to activate part of the offender’s suspended sentence for a different offence and order it to run consecutively.