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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Fisher, R. v [2025] EWCA Crim 1648 (11 December 2024) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2024/1648.html Cite as: [2025] EWCA Crim 1648 |
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CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT WINCHESTER
HHJ NIGEL LICKLEY KC
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE McGOWAN DBE
SIR ROBIN SPENCER
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REX | ||
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PERRIE MICHAEL FISHER |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: [email protected]
(Official Shorthand Writers to the Court)
MR D ATKINSON KC appeared on behalf of the Crown
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Crown Copyright ©
SIR ROBIN SPENCER:
The facts
The sentencing hearing
Ground 1: Miscategorisation of culpability
"The category A culpability factor relates to the targeting by a group of an individual, or of individuals who are fewer in number than the group. It is therefore not a factor which applies where – as here - one group is using or threatening violence against another group. The judge should, therefore have placed the case into category B1... "
"In cases such as those now before the court, a particular offence may properly be regarded as coming high in the range where one or more of the guideline factors is present to an unusually large or serious extent – for example, where the offender has participated in an incident which involves very widespread and/or particularly large scale acts of violence, and/or which contributes to a wider picture of incidents of disorder in different parts of the country. It may also come high in the range where the overall picture which the court must take into account makes it particularly important for the sentence not only to achieve appropriate punishment for the individual offender but also to deter others from engaging in similar disorder."
Ground 2: Disparity