Attorney General's Reference No 85 of 2007

Attorney General's Reference No 85 of 2007

The original sentence did not adequately reflect the high degree of culpability and harm, particularly as there were two victims with very serious injuries. The appropriate notional determinate sentence should have been 15 years, and the minimum period is substituted at 7 years less time on remand, reflecting double jeopardy.

Parties
Applicant: Attorney General; Respondent/offender: John Bushell
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Criminal Reference / Appeal/reference Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; minimum period substituted.
Legal Topics
Sentencing, Grievous Bodily Harm, Imprisonment for Public Protection, Aggravating and Mitigating Factors
Criminal Law Sentencing Grievous Bodily Harm Imprisonment for Public Protection Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

John Bushell

Respondent/offender

Procedural Posture

Criminal Reference / Appeal/reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence reflected the high degree of culpability and harm caused, particularly with two victims
  2. 2 Whether the sentence should be increased to account for multiple victims and aggravating factors

Ratio Decidendi

The original sentence did not adequately reflect the high degree of culpability and harm, particularly as there were two victims with very serious injuries. The appropriate notional determinate sentence should have been 15 years, and the minimum period is substituted at 7 years less time on remand, reflecting double jeopardy.

Court Disposition

Sentence increased on reference; minimum period substituted.

Orders

  • Leave granted to bring the Reference.
  • Minimum period of imprisonment for public protection substituted at 7 years less time on remand.