R v Ben Sean Solomon

R v Ben Sean Solomon

The sentence imposed was unduly lenient even on the judge's categorisation of harm. The seriousness of the blackmail and assault, the aggravating features, and the need to reflect the overall criminality required a sentence of not less than three years' imprisonment. The Goodyear indication did not preclude...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: Ben Sean Solomon
Jurisdiction
England and Wales
Judgment Date
23 September 2022
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Reference allowed; sentence increased
Legal Topics
Unduly Lenient Sentence, Blackmail, Assault Occasioning Actual Bodily Harm, Sentencing Guidelines, Goodyear Indication
Criminal Law Unduly Lenient Sentence Blackmail Assault Occasioning Actual Bodily Harm Sentencing Guidelines Goodyear Indication

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Parties

Attorney General

Applicant

Ben Sean Solomon

Respondent

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for blackmail and assault occasioning actual bodily harm was unduly lenient
  2. 2 Whether the Goodyear indication precluded appellate interference with the sentence

Ratio Decidendi

The sentence imposed was unduly lenient even on the judge's categorisation of harm. The seriousness of the blackmail and assault, the aggravating features, and the need to reflect the overall criminality required a sentence of not less than three years' imprisonment. The Goodyear indication did not preclude appellate interference as prosecuting counsel did not endorse the sentence, and Solomon was aware of the possibility of a reference. The interests of justice required the sentence to be increased.

Court Disposition

Reference allowed; sentence increased

Orders

  • Sentence on Count 2 quashed and substituted with three years' imprisonment, half to be served in custody