Shallcross, R v

Shallcross, R v

The original sentence was unduly lenient given the seriousness of the burglary involving intent to inflict grievous bodily harm, the aggravating features, and the offences committed on bail. The sentencing range in the burglary guideline was insufficient, and it was appropriate to consider the guideline for offences...

Source-derived case information.

Parties
Offender: Lewis George Shallcross; Applicant: Attorney General
Jurisdiction
England and Wales
Judgment Date
16 November 2017
Procedural Posture
Criminal / Sentence Review
Outcome
sentences quashed and substituted
Legal Topics
Burglary, Intimidation, Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence
Criminal Law Burglary Intimidation Dangerous Driving Sentencing Guidelines Unduly Lenient Sentence

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Parties

Lewis George Shallcross

Offender

Attorney General

Applicant

Procedural Posture

Criminal / Sentence Review

Legal Issues

  1. 1 Whether the original sentence imposed on Lewis Shallcross was unduly lenient
  2. 2 Appropriate application of sentencing guidelines for burglary involving intent to inflict grievous bodily harm
  3. 3 Whether sentences for intimidation and dangerous driving should be consecutive or concurrent

Ratio Decidendi

The original sentence was unduly lenient given the seriousness of the burglary involving intent to inflict grievous bodily harm, the aggravating features, and the offences committed on bail. The sentencing range in the burglary guideline was insufficient, and it was appropriate to consider the guideline for offences of violence. The sentences for intimidation and dangerous driving should be consecutive to reflect overall criminality.

Court Disposition

sentences quashed and substituted

Orders

  • On count 1: 6 years' imprisonment
  • On count 2: 9 months' imprisonment consecutive to count 1