Mahdev, instructed by Ashmans Solicitors, had appeared on behalf of Tracey Cromwell at the Plea and Trial Preparation Hearing when she entered guilty pleas to two offences of assault occasioning actual bodily harm. She was later sentenced to 12 months immediate imprisonment.
Her sentence was appealed to the Court of Appeal (Criminal Division). The matter focused on two issues, whether:
- the sentencing judge had properly considered Mrs Cromwell’s caring responsibilities when deciding to impose immediate imprisonment; and
- a radius restriction preventing Mrs Cromwell from attending within 100 meters of where the victims lived was a practical term to include in a Restraining Order.
Due to the urgency of the matter, the application was referred to the full Court by the Registrar. Jeremy Baker LJ sat alongside Saini J and Cavanagh J who, having heard submissions from both sides, delivered the judgment of the Court. Leave to appeal was granted, but the appeal was dismissed. Mahdev was however credited for his "impressive submissions".
The judgment, which can be accessed here, once again considered the authorities of R v Petherick [2021] EWCA Crim 2214 and R v Carla Foster [2023] EWCA Crim 1196.