Bright, R. v [2019] EWCA (Crim) 2471 (24 January 2019)

Bright, R. v [2019] EWCA (Crim) 2471 (24 January 2019)

Although the sentence was lenient and possibly unduly so, the judge had sufficient information to justify an exceptional course in light of the offender's personal circumstances and rehabilitation prospects; therefore, the sentence would not be increased.

Citation
[2019] EWCA (Crim) 2471
Parties
Prosecution: Regina; Offender: Michael John Bright
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Criminal Appeal (reference by Attorney General) / Application for Leave to Refer Sentence as Unduly Lenient and Substantive Determination
Outcome
Application for leave to refer sentence granted; sentence not increased.
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentences, Mental Health in Sentencing
Criminal Law Robbery Sentencing Unduly Lenient Sentences Mental Health in Sentencing

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Parties

Regina

Prosecution

Michael John Bright

Offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Application for Leave to Refer Sentence as Unduly Lenient and Substantive Determination

Legal Issues

  1. 1 Whether the sentence imposed for robbery was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the judge erred in departing from the Sentencing Council Guidelines for robbery

Ratio Decidendi

Although the sentence was lenient and possibly unduly so, the judge had sufficient information to justify an exceptional course in light of the offender's personal circumstances and rehabilitation prospects; therefore, the sentence would not be increased.

Court Disposition

Application for leave to refer sentence granted; sentence not increased.

Orders

  • Sentence of two years' imprisonment suspended for two years with requirements affirmed
  • No variation or increase of sentence