Attorney General's Reference No. 57 OF 2005

Attorney General's Reference No. 57 OF 2005

The sentence of two years' imprisonment was unduly lenient given the offender's previous convictions and aggravating circumstances; however, in the interests of justice and considering the offender's youth and the fact of facing resentencing, the sentence should not be increased.

Parties
Applicant: Attorney General; Offender/respondent: Steven Sheargold
Jurisdiction
England and Wales
Judgment Date
03 August 2005
Procedural Posture
Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentence unduly lenient but not increased
Legal Topics
Manslaughter, Sentencing, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Manslaughter Sentencing Attorney General's Reference Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Steven Sheargold

Offender/respondent

Procedural Posture

Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for manslaughter was unduly lenient
  2. 2 Appropriate sentencing range for 'one punch manslaughter' with aggravating features

Ratio Decidendi

The sentence of two years' imprisonment was unduly lenient given the offender's previous convictions and aggravating circumstances; however, in the interests of justice and considering the offender's youth and the fact of facing resentencing, the sentence should not be increased.

Court Disposition

Sentence unduly lenient but not increased

Orders

  • Leave to refer granted
  • No increase in sentence; original sentence of two years' imprisonment stands