Attorney General's Reference No 23 of 2004

Attorney General's Reference No 23 of 2004

The original non-custodial sentence was unduly lenient given the seriousness of the offences, the use of an imitation firearm, and the aggravating features. The appropriate sentence would have been a custodial sentence of two-and-a-half years, but applying a double jeopardy discount and considering partial compliance with the original order, the court substituted an eighteen-month detention and training order.

Parties
Applicant: Attorney General; Offender/respondent: Fiona Fereday
Jurisdiction
England and Wales
Judgment Date
07 July 2004
Procedural Posture
Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988; Court of Appeal Judgment
Outcome
Appeal allowed; sentence increased
Legal Topics
Robbery, Attempted Robbery, Possession of Imitation Firearm, Sentencing, Unduly Lenient Sentence, Youth Offenders
Criminal Law Robbery Attempted Robbery Possession of Imitation Firearm Sentencing Unduly Lenient Sentence Youth Offenders

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Parties

Attorney General

Applicant

Fiona Fereday

Offender/respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988; Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed on Fiona Fereday was unduly lenient given the gravity and aggravating features of the offences

Ratio Decidendi

The original non-custodial sentence was unduly lenient given the seriousness of the offences, the use of an imitation firearm, and the aggravating features. The appropriate sentence would have been a custodial sentence of two-and-a-half years, but applying a double jeopardy discount and considering partial compliance with the original order, the court substituted an eighteen-month detention and training order.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original supervision order quashed
  • Eighteen-month detention and training order imposed under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000