Attorney-General's Reference No 64 & 65 Of 2009 [2009] EWCA Crim 2322 (27 October 2009)

Attorney-General's Reference No 64 & 65 Of 2009 [2009] EWCA Crim 2322 (27 October 2009)

The judge's decision to impose a lenient and merciful sentence was within the proper range of judicial discretion given the unique facts, the defendants' good character, remorse, and the circumstances of the offence. The sentence was not unduly lenient to the extent that appellate intervention was warranted.

Source-derived case information.

Citation
[2009] EWCA Crim 2322
Parties
Applicant: Attorney General; Offender/respondent: Thakali; Offender/respondent: Rocky Gurung
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal dismissed (except for technical correction)
Legal Topics
Manslaughter, Sentencing, Appeal, Mitigation, Young Offenders
Criminal Law Manslaughter Sentencing Appeal Mitigation Young Offenders

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Parties

Attorney General

Applicant

Thakali

Offender/respondent

Rocky Gurung

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentences of three years' custody for manslaughter were unduly lenient
  2. 2 Whether the judge erred in mitigating the sentence based on the defendants' character and circumstances

Ratio Decidendi

The judge's decision to impose a lenient and merciful sentence was within the proper range of judicial discretion given the unique facts, the defendants' good character, remorse, and the circumstances of the offence. The sentence was not unduly lenient to the extent that appellate intervention was warranted.

Court Disposition

Appeal dismissed (except for technical correction)

Orders

  • Leave to refer sentence granted
  • Appeal against sentence dismissed