Sentence reduced for client following successful appeal

Landmark legal ruling changes the way professional bodies deal with their members

Our crime department were recently contacted by a concerned partner seeking advice on whether her boyfriend had grounds to appeal his sentence.

Her partner was sentenced in 2018 to four years imprisonment for publishing illegal material. He had uploaded this material over a six day period to hundreds of his followers.

Once we were instructed we obtained the key documents that the solicitor needed to advise the client. When considering the material the solicitor advised that the sentence was manifestly excessive. A barrister was selected to join the legal team and detailed grounds of appeal were drafted and the arguments in the case were fully prepared. Due to the time that had elapsed since the sentence was imposed, we had to apply to the Court of Appeal for permission to appeal outside the usual 28 day time limit.

The other concern the solicitor had with the case was the client had represented himself at the Magistrates and Crown Court hearings and it was thought that the client’s had not fully presented all mitigating features to the court.

The appeal was heard by the full court after the single judge granted permission to appeal outside the time limit. The full court were persuaded by our arguments and the grounds that we had submitted and reduced the sentence to two years and eight months.

This case highlights the importance of seeking and instructing an experienced firm of solicitors both at the Magistrates and Crown Court. Early advice and representation will reduce the risk of an excessive sentence being imposed in the first place, enable an appeal to be lodged immediately if one is required, avoid the need for permission to appeal out of time and reduce costs and unnecessary distress for the client.

The crime department at Stephensons have a long track record of successful appeals against sentence and conviction. If you do require assistance to appeal against a sentence or conviction please contact the department on 0175 321 6399.

loading staff

Dupuytren's Contracture recognised as an industrial disease

The Department for Work and Pensions (DWP) have recognised another condition, known as Dupuytren’s Contracture, as a recognised industrial disease for the purposes of making a claim for Industrial Injuries Disablement Benefit (IIDB). This...

Read more

Personal Injury Twitter Block

@SolicitorsLLP

Busting myths around cohabitation - cohabitating misconceptions

Cohabiting couples or common law partners have now replaced the traditional married couple as the fastest growing relationship status in the UK. Cohabitees have increased by 25.8% over the last ten years*, as more and more couples decide not to walk down...

Read more
4.7out of 10
4.7 score on Trustpilot Based on count 768

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

  • Louise Griffiths
  • Kate Sweeney
  • ​Danielle Callaway
  • Robert Donlan
  • ​Rebecca Dawber
  • ​Pauline Smith
  • Barry Sutton
  • ​Shahina Sakeria
  • Cecilia Frodsham
  • Sarah Masters
  • Clare Wood
  • Brea Carney-Jones
  • Steven Jones
  • Samantha Ord
  • Katie Plappert