Attorney General's Reference No 59 of 2006

Attorney General's Reference No 59 of 2006

The original sentence was unduly lenient; no exceptional circumstances justified suspension. The appropriate sentence is 18 months' imprisonment on each count, to be served concurrently.

Parties
Applicant: Attorney General; Respondent/offender: Nelson Doe; Applicant: Her Majesty's Solicitor General
Jurisdiction
England and Wales
Judgment Date
07 August 2006
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased; offender to serve 18 months' imprisonment on each count concurrently.
Legal Topics
Sentencing, Sexual Offences, Suspended Sentences, Unduly Lenient Sentences
Criminal Law Sentencing Sexual Offences Suspended Sentences Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Nelson Doe

Respondent/offender

Her Majesty's Solicitor General

Applicant

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether there were exceptional circumstances justifying suspension of sentence

Ratio Decidendi

The original sentence was unduly lenient; no exceptional circumstances justified suspension. The appropriate sentence is 18 months' imprisonment on each count, to be served concurrently.

Court Disposition

Sentence increased; offender to serve 18 months' imprisonment on each count concurrently.

Orders

  • Leave granted to Attorney General to refer case.
  • Offender to surrender to Worthing Police Station by midday following day.