R v Kelly Jean Bennett
[2023] EWCA Crim 739
R v Amy Louise Byrne
4 July 2024
[2024] EWCA Crim 801
Court of Appeal
A mom was jailed for selling sick kittens. A court later let her out early because keeping her in prison would mean separating her from her baby, which would be really bad for the child. The court decided the child's wellbeing was more important than the original punishment.
Key Facts
- •Amy Louise Byrne (appellant) pleaded guilty to conspiracy to commit fraud and causing unnecessary suffering to a protected animal.
- •Sentenced to 44 months' imprisonment.
- •Offenses involved selling sick kittens online using false identities, resulting in significant financial gain and animal suffering.
- •Appellant's nine-month-old son was initially cared for by his grandmother but later reunited with the appellant in prison.
- •The prison's Mother and Baby Unit could only accommodate the child until September 7, 2024.
- •After September 7th, the child would need to be placed in foster care if the appellant wasn't released.
- •New evidence (prison and psychological reports) emerged post-sentencing, highlighting the appellant's mental health issues and the negative impact of separation on her and her child.
Legal Principles
Interference with family life can render an otherwise proportionate custodial sentence disproportionate.
R v Petherick [2013] 1 WLR 1102
Article 8 of the European Convention on Human Rights reflects existing case law and good sentencing practice in England and Wales; more serious offenses make imprisonment less likely to be disproportionate; the effect on children might mitigate sentence length.
R v Cheeseman [2020] EWCA Crim 794 at paragraph 21
Outcomes
Appeal allowed; sentence reduced from 44 months to 28 months.
The court considered the best interests of the child and the risk of separation outweighing the factors justifying the original sentence length.