R v Fartun Jamal
[2023] EWCA Crim 329
Application of sentencing guidelines when the statutory maximum penalty changes after the offence but before the guideline comes into effect.
R v AZT [2023] EWCA Crim 1277
Sentencing guidelines for causing or allowing the death of a child apply to both causing and allowing, and do not assume one is always less serious than the other.
Sentencing Council's relevant definitive sentencing guidelines
The appeal was dismissed.
The court found no arguable basis to suggest the sentence was manifestly excessive. While acknowledging a potential element of double-counting in the sentencing judge's consideration of prolonged suffering, this was balanced by other aggravating factors and the judge's proper consideration of mitigating factors.