Attorney General's Reference No. 150 OF 2004

Attorney General's Reference No. 150 OF 2004

Given the aggravating features and relevant authorities, the original sentence of four years was unduly lenient; the appropriate sentence after trial should have been eight years, but accounting for double jeopardy, a total sentence of seven years is substituted.

Parties
Applicant: Attorney General; Offender/respondent: Lawrence Bowe
Jurisdiction
England and Wales
Judgment Date
10 March 2005
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence increased.
Legal Topics
Sentencing, Sexual Offences, Indecent Assault, Attempted Rape, Assault Occasioning Actual Bodily Harm, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Indecent Assault Attempted Rape Assault Occasioning Actual Bodily Harm Unduly Lenient Sentence

Case Brief

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 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Attorney General

Applicant

Lawrence Bowe

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for multiple sexual offences including attempted rape and assault occasioning actual bodily harm against minors in a position of trust.

Ratio Decidendi

Given the aggravating features and relevant authorities, the original sentence of four years was unduly lenient; the appropriate sentence after trial should have been eight years, but accounting for double jeopardy, a total sentence of seven years is substituted.

Court Disposition

Appeal allowed; sentence increased.

Orders

  • Sentence for attempted rape increased to five years.
  • Sentences for offences against SB increased to two years each, consecutive to other sentences.