Attorney General Reference No 95 of 2007 [2007] EWCA Crim 2563 (19 October 2007)

Attorney General Reference No 95 of 2007 [2007] EWCA Crim 2563 (19 October 2007)

Given the sustained and brutal nature of the attack, the offender's record, aggravating features, and the failure of the sentencing judge to consider statutory dangerousness, the original sentence was unduly lenient. The offender is dangerous within the meaning of the Criminal Justice Act 2003 and a term of...

Source-derived case information.

Citation
[2007] EWCA Crim 2563
Parties
Applicant: Attorney General; Offender/respondent: Jamie Scott
Jurisdiction
England and Wales
Judgment Date
19 October 2007
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Sentence for Unduly Lenient Sentencing
Outcome
Appeal allowed; original sentence quashed; substituted with detention for public protection with specified minimum term.
Legal Topics
Sentencing, Dangerousness, Detention for Public Protection, Wounding With Intent, Burglary, Aggravating and Mitigating Factors
Criminal Law Sentencing Dangerousness Detention for Public Protection Wounding With Intent Burglary Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Jamie Scott

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Sentence for Unduly Lenient Sentencing

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether the offender should be found dangerous under the Criminal Justice Act 2003
  3. 3 Appropriate sentence for wounding with intent and burglary

Ratio Decidendi

Given the sustained and brutal nature of the attack, the offender's record, aggravating features, and the failure of the sentencing judge to consider statutory dangerousness, the original sentence was unduly lenient. The offender is dangerous within the meaning of the Criminal Justice Act 2003 and a term of detention for public protection is required, with a specified minimum term of four and-a-half years.

Court Disposition

Appeal allowed; original sentence quashed; substituted with detention for public protection with specified minimum term.

Orders

  • Detention for public protection imposed under Criminal Justice Act 2003.
  • Specified minimum term of four and-a-half years' detention.