Court of Appeal Quashes Perverting the Course of Justice Sentence
Pragma Law has successfully appealed against a sentence of imprisonment imposed by York Crown Court. A motorist, Mr Burke, was previously sent to prison for using a laser jammer fitted to his vehicle to avoid being caught for speeding.
Mr Burke was represented by different solicitors in the Crown Court, where the Judge imposed an immediate two-month custodial sentence. However, the Court of Appeal decided that the sentence should have been suspended.
A case with very similar facts had been decided by the same Crown Court Judge only months before this one. That sentence was also quashed by the Court of Appeal, and the Crown Court Judge was aware of the outcome.
However, he again decided that he would still impose an immediate custodial sentence despite the clear guidance that it was not appropriate in the circumstances.
We are delighted that Mr Burke was released from prison the same day as the Court of Appeal made its decision. Had he not appealed, he would have faced another three weeks behind bars. It is a shame that he had to spend seven nights in prison when he should not have spent any.
Pragma law instructed motoring barrister Andrew Thompson to represent Mr Burke at the Court of Appeal.