Lobato, R v

Lobato, R v

The original sentence of 5 months' imprisonment was unduly lenient given the seriousness of the offence, aggravating features, and relevant case law. Even accounting for mitigation, the appropriate sentence after trial would have been 18 months, reduced by 10% for the late guilty plea to 15 months. The sentence is increased accordingly.

Parties
Applicant: Attorney General; Respondent/offender: Blake Dias Lobato
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's reference; original sentence quashed.
Legal Topics
Sentencing, Possession of Imitation Firearm, Unduly Lenient Sentence, Mental Health Mitigation
Criminal Law Sentencing Possession of Imitation Firearm Unduly Lenient Sentence Mental Health Mitigation

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Parties

Attorney General

Applicant

Blake Dias Lobato

Respondent/offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the original sentence for possession of an imitation firearm with intent to cause fear of violence unduly lenient?
  2. 2 What is the appropriate sentence considering aggravating and mitigating factors, including mental health?

Ratio Decidendi

The original sentence of 5 months' imprisonment was unduly lenient given the seriousness of the offence, aggravating features, and relevant case law. Even accounting for mitigation, the appropriate sentence after trial would have been 18 months, reduced by 10% for the late guilty plea to 15 months. The sentence is increased accordingly.

Court Disposition

Sentence increased on Attorney General's reference; original sentence quashed.

Orders

  • Original sentence of 5 months' imprisonment quashed.
  • Substituted sentence of 15 months' imprisonment imposed.