Green, R v

Green, R v

The original sentence was unduly lenient given the deliberate arming and use of a dangerous knife, the severity of the injury, and the need for deterrence. The appropriate sentence is four years' detention and training, even considering the offender's youth and mitigation.

Parties
Applicant: Attorney General; Offender/respondent: James Green
Jurisdiction
England and Wales
Judgment Date
16 October 2008
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased
Legal Topics
Sentencing, Wounding With Intent, Use of Offensive Weapons, Youth Offenders
Criminal Law Sentencing Wounding With Intent Use of Offensive Weapons Youth Offenders

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Parties

Attorney General

Applicant

James Green

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for wounding with intent by a youth offender using a knife

Ratio Decidendi

The original sentence was unduly lenient given the deliberate arming and use of a dangerous knife, the severity of the injury, and the need for deterrence. The appropriate sentence is four years' detention and training, even considering the offender's youth and mitigation.

Court Disposition

Sentence increased

Orders

  • The sentence of two years' detention and training order is quashed and replaced with a sentence of four years' detention and training under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.
  • The section 39 order is lifted.