Attorney General's Reference No 27 of 2004 [2004] EWCA Crim 1830 (02 July 2004)

Attorney General's Reference No 27 of 2004 [2004] EWCA Crim 1830 (02 July 2004)

A custodial sentence was called for as the original sentence was unduly lenient; however, due to double jeopardy, substantial completion of the community order, and the offender's current circumstances, the court declined to interfere with the sentence as a matter of discretion.

Source-derived case information.

Citation
[2004] EWCA Crim 1830
Parties
Applicant: Attorney General; Offender: [Offender's Name Not Provided]
Jurisdiction
England and Wales
Judgment Date
02 July 2004
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Reference allowed; sentence found unduly lenient, but no interference as a matter of discretion.
Legal Topics
Sentencing, Dangerous Driving, Causing Death by Dangerous Driving, Unduly Lenient Sentences
Criminal Law Sentencing Dangerous Driving Causing Death by Dangerous Driving Unduly Lenient Sentences

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Parties

Attorney General

Applicant

[Offender's Name Not Provided]

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient
  2. 2 Whether exceptional mitigating circumstances justified a non-custodial sentence

Ratio Decidendi

A custodial sentence was called for as the original sentence was unduly lenient; however, due to double jeopardy, substantial completion of the community order, and the offender's current circumstances, the court declined to interfere with the sentence as a matter of discretion.

Court Disposition

Reference allowed; sentence found unduly lenient, but no interference as a matter of discretion.

Orders

  • Community Punishment Order and ancillary orders to stand.