Attorney Generals Reference No 36 OF 2011

Attorney Generals Reference No 36 OF 2011

The sentence of 15 months was unduly lenient because the judge adopted the wrong starting point; the appropriate sentence, considering aggravating and mitigating factors, is two-and-a-half years in a young offender institution.

Parties
Applicant: Attorney General; Offender: Hayden Coles
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference)
Outcome
Sentence increased
Legal Topics
Sentencing, Grievous Bodily Harm, Appeal, Unduly Lenient Sentence
Criminal Law Sentencing Grievous Bodily Harm Appeal Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Hayden Coles

Offender

Procedural Posture

Criminal Reference / Appeal Against Sentence (attorney General's Reference)

Legal Issues

  1. 1 Whether the sentence imposed for grievous bodily harm with intent was unduly lenient
  2. 2 Appropriate sentencing bracket and starting point for the offence given the offender's age and circumstances

Ratio Decidendi

The sentence of 15 months was unduly lenient because the judge adopted the wrong starting point; the appropriate sentence, considering aggravating and mitigating factors, is two-and-a-half years in a young offender institution.

Court Disposition

Sentence increased

Orders

  • Offender's sentence increased to two-and-a-half years in a young offender institution