Griffiths, Re Reference By the Attorney General [2003] EWCA Crim 3010 (04 November 2003)
Although the appropriate sentence would have been 3½ years after discount for plea, the court declined to increase the sentence due to the exceptional circumstance of a clear sentence indication given and relied upon by the offender prior to plea.
Source-derived case information.
- Citation
- [2003] EWCA Crim 3010
- Parties
- Applicant: Attorney General; Offender/respondent: Carl Weston Griffiths
- Jurisdiction
- England and Wales
- Judgment Date
- 04 November 2003
- Procedural Posture
- Criminal Reference (unduly Lenient Sentence) / Court of Appeal (criminal Division) Reference Under S.36 Criminal Justice Act 1988
- Outcome
- Reference dismissed; sentence not increased.
- Legal Topics
- Sentencing, Unduly Lenient Sentences, Wounding With Intent, Aggravating and Mitigating Factors
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Carl Weston Griffiths
Offender/respondent
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal (criminal Division) Reference Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence of two years' detention for wounding with intent under s.18 Offences Against the Person Act 1861 was unduly lenient
Ratio Decidendi
Although the appropriate sentence would have been 3½ years after discount for plea, the court declined to increase the sentence due to the exceptional circumstance of a clear sentence indication given and relied upon by the offender prior to plea.
Court Disposition
Reference dismissed; sentence not increased.
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