Attorney Generals Ref No. 23 of 2008

Attorney Generals Ref No. 23 of 2008

Although the sentence was lenient, it did not reach the threshold of being unduly lenient given the accepted basis of plea, the momentary intent to frighten rather than injure, and the significant personal mitigation.

Parties
Applicant: Attorney General; Respondent: Bruce Anthony Lee
Jurisdiction
England and Wales
Judgment Date
23 June 2008
Procedural Posture
Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
Sentence not disturbed; application dismissed.
Legal Topics
Firearms Offences, Sentencing, Attorney General's Reference, Possession of Prohibited Weapon, Possession of Firearm With Intent to Endanger Life, Unduly Lenient Sentence
Criminal Law Firearms Offences Sentencing Attorney General's Reference Possession of Prohibited Weapon Possession of Firearm With Intent to Endanger Life Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Bruce Anthony Lee

Respondent

Procedural Posture

Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Was the sentence imposed on Bruce Anthony Lee for possession of a prohibited weapon and possession of a firearm with intent to endanger life unduly lenient?
  2. 2 Did the sentencing judge properly consider the aggravating and mitigating factors in the case?

Ratio Decidendi

Although the sentence was lenient, it did not reach the threshold of being unduly lenient given the accepted basis of plea, the momentary intent to frighten rather than injure, and the significant personal mitigation.

Court Disposition

Sentence not disturbed; application dismissed.