Colin Witcher enjoys Court of Appeal success in sentencing appeal

Colin represented the Appellant in challenging a sentence of four years’ imprisonment with a five-year extended licence period imposed in respect to sexual offending. His submissions focused on the sentencing judge’s failure to take into account the Appellant’s complex mental health and psychiatric background. Mr Witcher did not appear at the original sentencing hearing.

Drawing on expert evidence, Colin submitted that the Appellant’s offending was inextricably linked to her psychiatric condition. Accordingly, a proper application of the Sentencing Guidelines, he argued, would have resulted in a sentence that fell below four years, placing the case outside the scope of the statutory dangerousness provisions.

The Court of Appeal granted leave, an extension of time, and ultimately the appeal itself, commending Mr Witcher’s careful and detailed oral submissions. The Court reaffirmed the importance of the “Sentencing offenders with mental disorders, developmental disorders, or neurological impairments” Guideline, stressing the need for judges to give full weight to such guidance when assessing culpability. The Court agreed that the notional sentence before credit arrived at by the Sentence Judge was manifestly excessive.

Accordingly, the Court quashed the original sentence of four years’ imprisonment with a five-year extended licence, substituting a determinate sentence of three years and two months.