Tremayne, R. v

Tremayne, R. v

The sentence imposed was unduly lenient and did not provide just and proportionate punishment for a serious offence against a vulnerable victim committed while on licence. The judge gave excessive weight to personal mitigation and rehabilitation. A custodial sentence was required to reflect the seriousness of the offence and public interest.

Parties
Applicant: Attorney General; Respondent/offender: Tommy Joe Tremayne
Jurisdiction
England and Wales
Judgment Date
18 December 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence quashed and substituted with 40 months' imprisonment.
Legal Topics
Assault With Intent to Rob, Sentencing, Unduly Lenient Sentence, Vulnerable Victim, Personal Mitigation
Criminal Law Assault With Intent to Rob Sentencing Unduly Lenient Sentence Vulnerable Victim Personal Mitigation

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Parties

Attorney General

Applicant

Tommy Joe Tremayne

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper categorisation under the Sentencing Council's Robbery Guideline
  3. 3 Appropriateness of a non-custodial sentence for a serious violent offence against a vulnerable victim

Ratio Decidendi

The sentence imposed was unduly lenient and did not provide just and proportionate punishment for a serious offence against a vulnerable victim committed while on licence. The judge gave excessive weight to personal mitigation and rehabilitation. A custodial sentence was required to reflect the seriousness of the offence and public interest.

Court Disposition

Sentence quashed and substituted with 40 months' imprisonment.

Orders

  • Offender to surrender to Bridgewater Custody Centre by 4.00 pm on the day of judgment.
  • Statutory surcharge of £170 imposed.