Attorney General's Reference No. 10 of 2007 [2007] EWCA Crim 1031 (19 April 2007)

Attorney General's Reference No. 10 of 2007 [2007] EWCA Crim 1031 (19 April 2007)

The original sentence of 10 months' imprisonment was unduly lenient given the aggravating features of the offence, including use of a weapon, threats, actual violence, and the offender's recent history of similar offences. The appropriate sentence, even allowing for mitigation and early guilty plea, is 18 months' imprisonment.

Citation
[2007] EWCA Crim 1031
Parties
Applicant: Attorney General; Offender/respondent: Michael John White
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; appeal allowed
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Driving With Excess Alcohol, Sentencing Guidelines, Unduly Lenient Sentence
Criminal Law Robbery Assault Occasioning Actual Bodily Harm Driving With Excess Alcohol Sentencing Guidelines Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Michael John White

Offender/respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on Michael John White was unduly lenient
  2. 2 Whether the sentencing judge failed to apply the Sentencing Guidance Council's guidelines for robbery

Ratio Decidendi

The original sentence of 10 months' imprisonment was unduly lenient given the aggravating features of the offence, including use of a weapon, threats, actual violence, and the offender's recent history of similar offences. The appropriate sentence, even allowing for mitigation and early guilty plea, is 18 months' imprisonment.

Court Disposition

Sentence increased on reference; appeal allowed

Orders

  • Leave granted to bring the Reference
  • Sentence increased to 18 months' imprisonment