Attorney Generals Reference No 36 OF 2011 [2011] EWCA Crim 1814 (30 June 2011)

Attorney Generals Reference No 36 OF 2011 [2011] EWCA Crim 1814 (30 June 2011)

The original sentence was unduly lenient because the judge adopted the wrong starting point for the offence's seriousness; the appropriate sentence, considering aggravating and mitigating factors and the offender's age, is two-and-a-half years in a young offender institution.

Citation
[2011] EWCA Crim 1814
Parties
Applicant: Attorney General; Offender/respondent: Hayden Coles
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney-General's Reference
Legal Topics
Sentencing, Grievous Bodily Harm, Unduly Lenient Sentences, Youth Offenders
Criminal Law Sentencing Grievous Bodily Harm Unduly Lenient Sentences Youth Offenders

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Parties

Attorney General

Applicant

Hayden Coles

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the original sentence for grievous bodily harm with intent was unduly lenient
  2. 2 Appropriate sentencing bracket and starting point for a youth offender convicted under s.18 Offences Against the Person Act 1861

Ratio Decidendi

The original sentence was unduly lenient because the judge adopted the wrong starting point for the offence's seriousness; the appropriate sentence, considering aggravating and mitigating factors and the offender's age, is two-and-a-half years in a young offender institution.

Court Disposition

Sentence increased on Attorney-General's Reference

Orders

  • Original sentence of 15 months' detention quashed
  • Substituted sentence of two-and-a-half years in a young offender institution imposed