Attorney General Reference No 45 OF 2009 [2009] EWCA Crim 1759 (29 July 2009)

Attorney General Reference No 45 OF 2009 [2009] EWCA Crim 1759 (29 July 2009)

Although the deferred sentence was lenient and arguably unduly so, the offender's subsequent genuine and significant improvement in behaviour and attitude means that it would be contrary to the public interest to interfere with the order; the deferred sentence should stand to reinforce positive change.

Source-derived case information.

Citation
[2009] EWCA Crim 1759
Parties
Applicant: Attorney General; Offender/respondent: Gavin Barratt
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Criminal Appeal (attorney General's Reference) / Court of Appeal Reference Under S.36 Criminal Justice Act 1988
Outcome
Order of the Crown Court to defer sentence stands; no interference by the Court of Appeal.
Legal Topics
Unduly Lenient Sentence, Deferred Sentence, Assault Occasioning Actual Bodily Harm, Racially Aggravated Assault, Sentencing Guidelines
Criminal Law Unduly Lenient Sentence Deferred Sentence Assault Occasioning Actual Bodily Harm Racially Aggravated Assault Sentencing Guidelines

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Parties

Attorney General

Applicant

Gavin Barratt

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the deferred sentence imposed on Gavin Barratt was unduly lenient
  2. 2 Whether subsequent positive conduct by the offender justifies maintaining the deferred sentence

Ratio Decidendi

Although the deferred sentence was lenient and arguably unduly so, the offender's subsequent genuine and significant improvement in behaviour and attitude means that it would be contrary to the public interest to interfere with the order; the deferred sentence should stand to reinforce positive change.

Court Disposition

Order of the Crown Court to defer sentence stands; no interference by the Court of Appeal.

Orders

  • Leave to refer granted to the Attorney General
  • No alteration to the deferred sentence order; it remains in place