Attorney General's Reference No 130 of 2006 [2007] EWCA Crim 147 (23 January 2007)

Attorney General's Reference No 130 of 2006 [2007] EWCA Crim 147 (23 January 2007)

The original sentence was unduly lenient given the seriousness of the offence, the intent to cause serious injury, the use of a weapon, and the actual harm caused. Despite mitigating factors, the minimum appropriate sentence is 3 years' imprisonment for the section 18 offence.

Source-derived case information.

Citation
[2007] EWCA Crim 147
Parties
Applicant: Attorney General; Offender/respondent: Kate Elizabeth Jones
Jurisdiction
England and Wales
Judgment Date
23 January 2007
Procedural Posture
Criminal Reference (sentence) / Appeal/reference Under S.36 Criminal Justice Act 1988
Outcome
Reference upheld; sentence increased.
Legal Topics
Sentencing, Grievous Bodily Harm, Assault Occasioning Actual Bodily Harm, Unduly Lenient Sentence, Appeal by Attorney General
Criminal Law Sentencing Grievous Bodily Harm Assault Occasioning Actual Bodily Harm Unduly Lenient Sentence Appeal by Attorney General

Source-derived case record

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 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Attorney General

Applicant

Kate Elizabeth Jones

Offender/respondent

Procedural Posture

Criminal Reference (sentence) / Appeal/reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed for offences of causing grievous bodily harm with intent and assault occasioning actual bodily harm was unduly lenient
  2. 2 Whether the sentence should be increased on reference by the Attorney General

Ratio Decidendi

The original sentence was unduly lenient given the seriousness of the offence, the intent to cause serious injury, the use of a weapon, and the actual harm caused. Despite mitigating factors, the minimum appropriate sentence is 3 years' imprisonment for the section 18 offence.

Court Disposition

Reference upheld; sentence increased.

Orders

  • Sentence for section 18 offence increased from 2 years to 3 years' imprisonment.
  • Concurrent sentence for section 47 offence remains unchanged.