Louise persuades the Court of Appeal to sentence to time served

Louise’s client, MM, was sentenced to 28 months’ immediate imprisonment in Harrow Crown Court for four offences, all relating to breaches of criminal behaviour orders. Louise successfully argued before the Court of Appeal that this sentence, which was the equivalent of a 3,5 year sentence before taking into account credit for plea, was manifestly excessive. 

As MM had been suffering from a drug addiction for 25 years, MM had a long track record of breaches of criminal behaviour orders and minor criminality. This had motivated the Judge at Harrow Crown Court to hand out the manifestly excessive sentence. 

Louise successfully argued that the Judge had been wrong to categorise the offences in the highest harm category, pointing out that the harm had not reached the required level of seriousness. The Court of Appeal also accepted her submission that the Judge ought to have taken into account as a mitigating factor the lack of support in overcoming his drug addiction. 

The Court of Appeal quashed the 28-month prison sentence and substituted it with a 12-month sentence, meaning MM is to be released immediately. 

Louise Willocx was instructed by Eddie Tang and Alexander Thorpe of IBB Law.