R v Amrit Singh Jhagra

R v Amrit Singh Jhagra

The failure to make a significant increase in the minimum term to reflect the carrying and use of the knife resulted in an unduly lenient sentence; an upwards adjustment of at least two years was necessary to properly reflect the aggravating feature.

Parties
Applicant: Attorney General; Respondent/offender: Amrit Singh Jhagra; Respondent/offender (junior Counsel): Miss T Bajwa
Jurisdiction
England and Wales
Judgment Date
20 December 2022
Procedural Posture
Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence
Outcome
Appeal allowed; sentences for murder quashed and substituted.
Legal Topics
Murder, Sentencing, Unduly Lenient Sentence, Use of Offensive Weapon, Aggravating and Mitigating Factors
Criminal Law Murder Sentencing Unduly Lenient Sentence Use of Offensive Weapon Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Amrit Singh Jhagra

Respondent/offender

Miss T Bajwa

Respondent/offender (junior Counsel)

Procedural Posture

Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the minimum term of 24 years for two murders was unduly lenient given the use and carrying of a knife
  2. 2 Whether the sentencing judge gave excessive weight to mitigating factors

Ratio Decidendi

The failure to make a significant increase in the minimum term to reflect the carrying and use of the knife resulted in an unduly lenient sentence; an upwards adjustment of at least two years was necessary to properly reflect the aggravating feature.

Court Disposition

Appeal allowed; sentences for murder quashed and substituted.

Orders

  • Sentences for murder quashed as unduly lenient.
  • Substituted sentence: custody for life with a minimum term of 26 years (less 245 days on remand) for each murder.