Pullin, R. v [2022] EWCA Crim 1019 (12 July 2022)

Pullin, R. v [2022] EWCA Crim 1019 (12 July 2022)

The original sentence was unduly lenient given the persistent, violent, and aggravated nature of the attack, the offender's record, and the risk to the public. The proper sentence required an extended custodial term with an extended licence period due to dangerousness, reflecting the seriousness and risk posed by the offender.

Citation
[2022] EWCA Crim 1019
Parties
Prosecution: Regina; Offender: John Ian Pullin
Jurisdiction
England and Wales
Judgment Date
12 July 2022
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Unduly Lenient Sentences, Attempted Grievous Bodily Harm With Intent, Dangerousness, Sentencing Guidelines, Extended Sentences
Criminal Law Unduly Lenient Sentences Attempted Grievous Bodily Harm With Intent Dangerousness Sentencing Guidelines Extended Sentences

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Parties

Regina

Prosecution

John Ian Pullin

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper categorisation of harm and culpability under sentencing guidelines for attempted grievous bodily harm with intent
  3. 3 Whether a finding of dangerousness should be made and an extended sentence imposed

Ratio Decidendi

The original sentence was unduly lenient given the persistent, violent, and aggravated nature of the attack, the offender's record, and the risk to the public. The proper sentence required an extended custodial term with an extended licence period due to dangerousness, reflecting the seriousness and risk posed by the offender.

Court Disposition

Appeal allowed; sentence increased

Orders

  • On Count 1, substituted an extended sentence: custodial term of seven years and one month, extended licence period of four years
  • Other elements of the sentence to remain as before, except sentence on Count 5 to run concurrently, not consecutively