Attorney General's Reference Nos 86, 87 & 88 of 2004

Attorney General's Reference Nos 86, 87 & 88 of 2004

The original sentences failed to sufficiently reflect the racially aggravated element; an uplift of 18 months was appropriate, resulting in substituted sentences of three years for Broad and Matthews, and three years (plus one year consecutive) for Sellars.

Parties
Applicant: Attorney General; Respondent/offender: Dylan Brian Sellars; Respondent/offender: Simon Ronald Broad; Respondent/offender: Jamie Lee Matthews
Jurisdiction
England and Wales
Judgment Date
25 February 2005
Procedural Posture
Criminal Reference / Appeal on Sentence by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased.
Legal Topics
Sentencing, Racially Aggravated Offences, Grievous Bodily Harm, Attorney General's Reference
Criminal Law Sentencing Racially Aggravated Offences Grievous Bodily Harm Attorney General's Reference

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Parties

Attorney General

Applicant

Dylan Brian Sellars

Respondent/offender

Simon Ronald Broad

Respondent/offender

Jamie Lee Matthews

Respondent/offender

Procedural Posture

Criminal Reference / Appeal on Sentence by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for racially aggravated grievous bodily harm were unduly lenient
  2. 2 Whether the racially aggravated element was properly reflected in the sentences

Ratio Decidendi

The original sentences failed to sufficiently reflect the racially aggravated element; an uplift of 18 months was appropriate, resulting in substituted sentences of three years for Broad and Matthews, and three years (plus one year consecutive) for Sellars.

Court Disposition

Appeal allowed; sentences increased.

Orders

  • Substitute sentences of three years for Broad and Matthews for racially aggravated grievous bodily harm.
  • Substitute sentence of three years for Sellars for racially aggravated grievous bodily harm; his consecutive one year sentence stands, totaling four years.