Attorney-General's Reference No 14 of 2009 (Rupert Morgan)

Attorney-General's Reference No 14 of 2009 (Rupert Morgan)

Given the offender's repeated violent offending, premeditated use of weapons, leadership in a group attack, and high risk of serious harm, the sentence was unduly lenient. Only a sentence of imprisonment for public protection is adequate to protect the public. The notional determinate sentence should have been at least 12 years, halved to 6 years as the minimum term before parole eligibility.

Parties
Applicant: Attorney General; Offender/respondent: Rupert Morgan
Jurisdiction
England and Wales
Judgment Date
06 May 2009
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Dangerousness, Imprisonment for Public Protection, Robbery, Wounding With Intent
Criminal Law Sentencing Dangerousness Imprisonment for Public Protection Robbery Wounding With Intent

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Parties

Attorney General

Applicant

Rupert Morgan

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
  2. 2 Whether a sentence of imprisonment for public protection should have been imposed
  3. 3 Appropriate notional determinate sentence for the offences

Ratio Decidendi

Given the offender's repeated violent offending, premeditated use of weapons, leadership in a group attack, and high risk of serious harm, the sentence was unduly lenient. Only a sentence of imprisonment for public protection is adequate to protect the public. The notional determinate sentence should have been at least 12 years, halved to 6 years as the minimum term before parole eligibility.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Sentences on both counts quashed
  • Substituted sentences of imprisonment for public protection