MITIGATION

[2018] EWCA Crim 875 [2018] EWCA Crim 875

When refusing permission to appeal against a sentence imposed following an offender’s committal for sentence in respect of drug offences, the court considered issues in relation to the appropriate obtaining of a pre-sentence report and the respective roles of legal representatives and the Probation Service in providing information to assist the judge in the sentencing exercise.

[2018] EWCA Crim 875 [2018] EWCA Crim 875

When refusing permission to appeal against a sentence imposed following an offender’s committal for sentence in respect of drug offences, the court considered issues in relation to the appropriate obtaining of a pre-sentence report and the respective roles of legal representatives and the Probation Service in providing information to assist the judge in the sentencing exercise.

Immediate custodial sentences of three months’ imprisonment were appropriate for two men who made false witness statements and misled a trial judge as to the independence of an important witness to a road traffic accident. But for the substantial mitigation put forward, the sentences would have been six months.

[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.