R v Stewart (Jason Robert William)
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 18 December 2020 |
| Neutral Citation | [2020] NICA 62 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 18 December 2020 |
1
Neutral Citation No: [2020] NICA 62
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: MOR11384
ICOS No:
Delivered: 18/12/2020
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE QUEEN
-v-
JASON ROBERT WILLIAM STEWART
___________
Mr Halleron BL (instructed by JPH Law Solicitors) for the Appellant
Ms McKay BL (instructed by PPS) for the Respondent
_________
Before: Morgan LCJ, McCloskey LJ and Maguire J
_________
MORGAN LCJ (delivering the judgment of the court)
[1] This is a renewed application for leave to appeal a determinate custodial
sentence of 37 months (18.5 months custodial, 18.5 months on licence) imposed by
HHJ Lynch QC at Dungannon Crown Court on 17 August 2020 in respect of one
count of Assault Occasioning Actual Bodily Harm (“AOABH”) contrary to section 47
of the Offences against the Person Act 1861. The applicant pleaded guilty at
arraignment on 12 November 2019.
[2] The prosecution opened the case on the following basis:
“The injured party and defendant were in a volatile on-off
relationship that involved a history of calls to police made
by both parties alleging assaults by the other.
On Monday 20 May 2019 they were at the injured party’s
house. She had a glass of wine and he had a few beers.
Around half 7 or 8 o’clock a verbal argument took place
between them. When the injured party brought up the
topic of the defendant’s children this provoked a reaction.
She went to go upstairs and he grabbed her back. When
she moved her arm to escape his grasp he pushed her.
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8 cases
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Queen v Christine Connor
...person whose offending is liable to be punished by a period of imprisonment in the present circumstances. In its decision in R v Stewart [2020] NICA 62, promulgated on 18 December 2020, this court took the opportunity to provide clear guidance on this discrete issue. A t [12] the submission......
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Queen v Shana Wilson
...on her sentence. It was not specifically raised in defence counsel’s written submissions. However, as the Court of Appeal in R v Stewart [2020] NICA 62 established no automatic discount applies simply because of prison conditions. The trial judge is a very experienced criminal judge and was......
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The King v ZB
...virtue of the Covid-19 pandemic. The circumstances of where credit may be applied due to those circumstances are explained in R v Stewart [2020] NICA 62 and 20 do not pertain here. Therefore, we do not interfere with the discretionary judgement to apply 15% for a late plea at trial in the c......
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R v Raymond Jackson
...because of the COVID-19 pandemic has been the subject of detailed consideration by this court in its recent judgment in R v Stewart [2020] NICA 62. Morgan LCJ at paragraphs [12]-[13] analysed the approach of the English Court of Appeal in R v Manning [2020] EWCA Crim 592 and at paragraphs [......
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