Hahn & Anor, Re reference by the Attorney General Rev 1

Hahn & Anor, Re reference by the Attorney General Rev 1

The sentences imposed were not unduly lenient because the sentencing judge properly considered the totality principle, reflected the aggravating features of firearms possession in the principal sentences for robbery, and concurrent sentences were appropriate given the facts. Consecutive sentences would have resulted in excessive overall terms.

Parties
Applicant: Attorney General; Offender/respondent: Lee Sebastian Hahn; Offender/respondent: Peter Alan Webster
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Application for Review of Sentence
Outcome
Application refused
Legal Topics
Sentencing, Robbery, Firearms Offences, Principle of Totality, Consecutive and Concurrent Sentences
Criminal Law Sentencing Robbery Firearms Offences Principle of Totality Consecutive and Concurrent Sentences

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Parties

Attorney General

Applicant

Lee Sebastian Hahn

Offender/respondent

Peter Alan Webster

Offender/respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Application for Review of Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Lee Hahn and Peter Webster were unduly lenient
  2. 2 Whether sentences for firearms offences should have been consecutive to robbery sentences

Ratio Decidendi

The sentences imposed were not unduly lenient because the sentencing judge properly considered the totality principle, reflected the aggravating features of firearms possession in the principal sentences for robbery, and concurrent sentences were appropriate given the facts. Consecutive sentences would have resulted in excessive overall terms.

Court Disposition

Application refused

Orders

  • Leave to refer the sentences refused; sentences imposed by the Crown Court stand.