Sentence reduced 2 years by the Court of Appeal for nursery worker

Sonn Macmillan Walker has successfully represented a nursery worker in an appeal against a sentence of 3.5 years’ immediate imprisonment for child cruelty, resulting in the sentence being quashed and replaced with an 18-month suspended sentence.

The Appellant, LL, was a nursery worker who was convicted following trial of an offence of child cruelty. The offending arose in 2022, when LL and three other nursery workers sprayed water on a child in response to the child’s challenging behaviour. LL had also ripped up a drawing.

At sentence, the trial judge imposed an immediate custodial sentence of 3.5 years on LL. She was the only defendant to contest the allegations at trial; the three other nursery workers received suspended sentences.

It was argued at LL's appeal against sentence that the seriousness of the offending had been overstated and that the sentence imposed was disproportionate.

Permission to appeal was granted, and the matter was listed before the Court of Appeal just one week later. Following the hearing, the Court of Appeal accepted that the sentencing judge had overstated the seriousness of the offence and allowed the appeal.

The Court quashed the sentence of immediate imprisonment and substituted an 18-month suspended sentence.

As a result of the successful appeal, LL was released from custody immediately following the hearing.

LL was grateful for the representation on her case, commenting:

"I would like to say a massive thank you for what you and Kate have done on getting me out and working on my appeal, I am forever grateful that I can move on with my life and close the door to that chapter."

The case highlights the importance of careful scrutiny of sentencing decisions, particularly where the sentence imposed is significantly more severe than those imposed on co-defendants arising from the same incident.

Amy Cox and Annie Loh were the solicitors acting in this case. Kate O'Raghallaigh of Doughty Street Chambers was the barrister instructed for both trial and appeal.