R (on the application of McElroy) v Lewes Combined Court

Sentence – Custodial sentence. The claimant sought judicial review of the sentence of six months' imprisonment for battery and seven days' imprisonment, to run concurrently, for criminal damage. The Divisional Court, in allowing the application, held that a custodial sentence was not inappropriate. However, given the mitigating factors, the maximum sentence had not been proper. Accordingly, the custodial sentence would be reduced to two months to reflect the mitigating features, the real damage to the claimant and also the consequences of his unlawful conduct.

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