Murray, Re Attorney General's Reference No 29 of 2009

Murray, Re Attorney General's Reference No 29 of 2009

The original suspended sentence was unduly lenient given the gravity and circumstances of the offences; the appropriate sentence for aggravated burglary, after credit for guilty plea and other mitigating factors, is three-and-a-half years' imprisonment, with a concurrent sentence for unlawful wounding.

Parties
Applicant: Attorney General; Offender/respondent: Bradley Murray
Jurisdiction
England and Wales
Judgment Date
17 September 2009
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Appeal allowed; original sentences quashed and custodial sentences substituted.
Legal Topics
Aggravated Burglary, Unlawful Wounding, Sentencing, Leniency of Sentence
Criminal Law Aggravated Burglary Unlawful Wounding Sentencing Leniency of Sentence

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Parties

Attorney General

Applicant

Bradley Murray

Offender/respondent

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for aggravated burglary and unlawful wounding was unduly lenient
  2. 2 Appropriate sentence for aggravated burglary with intent to cause grievous bodily harm

Ratio Decidendi

The original suspended sentence was unduly lenient given the gravity and circumstances of the offences; the appropriate sentence for aggravated burglary, after credit for guilty plea and other mitigating factors, is three-and-a-half years' imprisonment, with a concurrent sentence for unlawful wounding.

Court Disposition

Appeal allowed; original sentences quashed and custodial sentences substituted.

Orders

  • Original suspended sentences quashed.
  • Substitute sentence of 3 years and 6 months' imprisonment for aggravated burglary.