Buckley, R. v [2022] EWCA Crim 1820 (17 November 2022)

Buckley, R. v [2022] EWCA Crim 1820 (17 November 2022)

The original sentence failed to impose a just and proportionate total punishment for serious offences committed in custody against emergency workers, and did not sufficiently reflect the seriousness of the offending or the need for additional punishment beyond the life sentence; therefore, the appropriate course was to order the 18-month term to run consecutively to the life sentence.

Citation
[2022] EWCA Crim 1820
Parties
Prosecution: Rex; Offender: Kyle Buckley
Jurisdiction
England and Wales
Judgment Date
17 November 2022
Procedural Posture
Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences below quashed and substituted with new sentences to run consecutively to life sentence.
Legal Topics
Unduly Lenient Sentences, Dangerous Offenders, Totality Principle, Sentencing of Young Offenders, Concurrent and Consecutive Sentences
Criminal Law Sentencing Unduly Lenient Sentences Dangerous Offenders Totality Principle Sentencing of Young Offenders Concurrent and Consecutive Sentences

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Parties

Rex

Prosecution

Kyle Buckley

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether the judge erred in not considering dangerousness and extended sentence
  3. 3 Whether sentences should have been consecutive to the life sentence

Ratio Decidendi

The original sentence failed to impose a just and proportionate total punishment for serious offences committed in custody against emergency workers, and did not sufficiently reflect the seriousness of the offending or the need for additional punishment beyond the life sentence; therefore, the appropriate course was to order the 18-month term to run consecutively to the life sentence.

Court Disposition

Appeal allowed; sentences below quashed and substituted with new sentences to run consecutively to life sentence.

Orders

  • Sentences of four months (count 3), one month (count 5), 18 months (count 6), and six months (count 7) detention in a young offender institution imposed, all concurrent with each other but consecutive to the life sentence.
  • Leave to refer granted.