R v Oliver
Jurisdiction | England & Wales |
Judgment Date | 22 September 1998 |
Date | 22 September 1998 |
Court | Court of Appeal (Criminal Division) |
Court of Appeal, Criminal Division
Before Lord Justice Kennedy, Mr Justice Turner and Mr Justice Morison
Criminal sentencing - offence committed on aircraft - severe sentence appropriate
It was correct in principle for courts to impose a relatively severe sentence when dealing with offences committed while travelling on an aeroplane.
In a case of affray on board an aircraft an immediate custodial sentence was appropriate, even though a non-custodial sentence might have met the gravity of the case if the offence had been committed in a public place on the ground.
The Court of Appeal, Criminal Division, so held in allowing an appeal by Laurence Charles Oliver against a sentence of 18 months imprisonment, imposed on April 21, 1998, at Manchester Crown Court by Judge Ensor on a plea of guilty to an offence of affray.
Mr William Limont, assigned by the Registrar of Criminal Appeals, for the appellant.
MR JUSTICE MORISON, giving the judgment of the court, said that about two hours into a flight from Florida to Manchester the seat belt signs were switched on.
The appellant was asked to take his baby out of its skycot so that it could be held on a lap. He refused, saying that the baby had just gone to sleep.
He lost his temper and became abusive towards the flight attendant. He apologised a short time later. Later the baby awoke and cried on and off throughout the flight.
The appellant shouted at his wife and struck her on the shoulder. The cabin crew intervened and separated the appellant and his wife, who was taken with the baby to the galley.
The appellant tried to follow, shouting obscenities. He was eventually restrained and returned to his seat.
When the captain was told what...
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