Eccleston, R v [2001] EWCA Crim 1608 (10th July, 2001)

Eccleston, R v [2001] EWCA Crim 1608 (10th July, 2001)

The original sentence of 18 months was unduly lenient given the seriousness of the offence, aggravating features, and established sentencing tariffs. Allowing for double jeopardy and distinguishing features, the appropriate sentence is 3 years and 6 months' imprisonment.

Citation
[2001] EWCA Crim 1608
Parties
Prosecution: Regina; Offender: Everton Lorraine Eccleston
Jurisdiction
England and Wales
Procedural Posture
Criminal Reference / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Sentence Review After Conviction and Appeal Dismissed
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Sentencing, Wounding With Intent, Section 18 Offences Against the Person Act 1861, Attorney General's Reference, Double Jeopardy in Sentencing
Criminal Law Sentencing Wounding With Intent Section 18 Offences Against the Person Act 1861 Attorney General's Reference Double Jeopardy in Sentencing

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Parties

Regina

Prosecution

Everton Lorraine Eccleston

Offender

Procedural Posture

Criminal Reference / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Sentence Review After Conviction and Appeal Dismissed

Legal Issues

  1. 1 Whether the original sentence of 18 months' imprisonment for wounding with intent was unduly lenient
  2. 2 Appropriate sentencing tariff for Section 18 wounding with intent after trial

Ratio Decidendi

The original sentence of 18 months was unduly lenient given the seriousness of the offence, aggravating features, and established sentencing tariffs. Allowing for double jeopardy and distinguishing features, the appropriate sentence is 3 years and 6 months' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Original sentence of 18 months' imprisonment quashed
  • Substituted sentence of 3 years and 6 months' imprisonment imposed