Attorney General's References No 125 and 126 of 2006 [2007] EWCA Crim 174 (18 January 2007)

Attorney General's References No 125 and 126 of 2006 [2007] EWCA Crim 174 (18 January 2007)

The sentences imposed on Jake Tomney and Simon Tomney were unduly lenient given the seriousness of the offences, the aggravating features, and the applicable sentencing guidelines. For Jake Tomney, a custodial sentence was required and a 12-month detention and training order was substituted, consecutive to his current sentence. For Simon Tomney, although the sentence was unduly lenient, the court exercised its discretion not to interfere with the community order due to his progress and personal circumstances.

Citation
[2007] EWCA Crim 174
Parties
Applicant: Attorney General; Offender: Jake Tomney; Offender: Simon Tomney
Jurisdiction
England and Wales
Judgment Date
18 January 2007
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed in part; sentence increased for Jake Tomney, no change for Simon Tomney.
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentences, Youth Offenders, Community Orders, Detention and Training Orders
Criminal Law Robbery Sentencing Unduly Lenient Sentences Youth Offenders Community Orders Detention and Training Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Attorney General

Applicant

Jake Tomney

Offender

Simon Tomney

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 sentences imposed on Jake Tomney and Simon Tomney for robbery were unduly lenient
  2. 2 Appropriate sentencing for young offenders and young adults in violent robbery cases

Ratio Decidendi

The sentences imposed on Jake Tomney and Simon Tomney were unduly lenient given the seriousness of the offences, the aggravating features, and the applicable sentencing guidelines. For Jake Tomney, a custodial sentence was required and a 12-month detention and training order was substituted, consecutive to his current sentence. For Simon Tomney, although the sentence was unduly lenient, the court exercised its discretion not to interfere with the community order due to his progress and personal circumstances.

Court Disposition

Appeal allowed in part; sentence increased for Jake Tomney, no change for Simon Tomney.

Orders

  • Order for Jake Tomney quashed and substituted with a 12-month detention and training order, consecutive to his current sentence.
  • No order made in respect of Simon Tomney; community order remains.