Attorney General Reference No 6 of 2009 [2009] EWCA Crim 1132 (17 March 2009)

Attorney General Reference No 6 of 2009 [2009] EWCA Crim 1132 (17 March 2009)

Given the offender's admission to carrying and using a knife with intent to cause serious injury, and the need to deter knife crime, a custodial sentence was inevitable despite strong mitigation. The original non-custodial sentence was quashed and replaced with a 24-month detention and training order.

Source-derived case information.

Citation
[2009] EWCA Crim 1132
Parties
Applicant: Attorney General; Offender/respondent: DR
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Criminal Reference (sentence Review) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Original sentence quashed; substituted with 24-month detention and training order concurrent on both counts.
Legal Topics
Sentencing, Wounding With Intent, Possession of Offensive Weapon, Knife Crime, Mitigation, Youth Offenders
Criminal Law Sentencing Wounding With Intent Possession of Offensive Weapon Knife Crime Mitigation Youth Offenders

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 6 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Attorney General

Applicant

DR

Offender/respondent

Procedural Posture

Criminal Reference (sentence Review) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original non-custodial sentence for wounding with intent and possession of an offensive weapon was unduly lenient
  2. 2 Appropriate sentence for a 17-year-old who pleaded guilty to wounding with intent and possession of a knife

Ratio Decidendi

Given the offender's admission to carrying and using a knife with intent to cause serious injury, and the need to deter knife crime, a custodial sentence was inevitable despite strong mitigation. The original non-custodial sentence was quashed and replaced with a 24-month detention and training order.

Court Disposition

Original sentence quashed; substituted with 24-month detention and training order concurrent on both counts.

Orders

  • Offender to surrender to local police station by 11 am on the following Monday for transfer to custody.
  • Direction for prompt collection by prison contractors and notification to Governor of HM Young Offender Institution regarding the offender's circumstances.