Attorney General's Reference No 85 of 2007 [2007] EWCA Crim 3218 (11 December 2007)

Attorney General's Reference No 85 of 2007 [2007] EWCA Crim 3218 (11 December 2007)

Where there is a very high degree of culpability and harm, and multiple victims with severe injuries, the notional determinate sentence must exceed the standard for a single victim; in this case, 15 years was appropriate, with the minimum period adjusted for double jeopardy.

Source-derived case information.

Citation
[2007] EWCA Crim 3218
Parties
Applicant: Attorney General; Offender: Jon Bushell
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Criminal Appeal Attorney General's Reference / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Sentencing, Grievous Bodily Harm, Imprisonment for Public Protection, Aggravating and Mitigating Factors
Criminal Law Sentencing Grievous Bodily Harm Imprisonment for Public Protection Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Jon Bushell

Offender

Procedural Posture

Criminal Appeal Attorney General's Reference / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence adequately reflected the high degree of culpability and harm, particularly with two victims
  2. 2 Appropriate notional determinate sentence for section 18 offences with multiple victims and severe injuries

Ratio Decidendi

Where there is a very high degree of culpability and harm, and multiple victims with severe injuries, the notional determinate sentence must exceed the standard for a single victim; in this case, 15 years was appropriate, with the minimum period adjusted for double jeopardy.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Leave granted to bring the Reference
  • Minimum period of imprisonment for public protection increased from 6 years to 7 years less time on remand