Attorney General Reference No 64 Of 2003

Attorney General Reference No 64 Of 2003

A DTTO was inappropriate for Boujettif due to the seriousness and aggravating features of his offences, including aggravated burglary with a knife, repeat offending, and offending while on licence. The original sentence was unduly lenient and replaced with 4 years' imprisonment. For Harrison, his progress in custody and motivation justified quashing the custodial sentence and substituting a 2-year community rehabilitation order with specific conditions.

Parties
Applicant: Attorney General; Offender: Moussin Boujettif; Appellant: John Harrison; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
20 November 2003
Procedural Posture
Criminal / Appeal and Attorney General's Reference
Outcome
Boujettif: Sentence increased to 4 years' imprisonment; Harrison: Appeal allowed, sentence quashed, community rehabilitation order imposed.
Legal Topics
Drug Treatment and Testing Orders, Community Rehabilitation Orders, Unduly Lenient Sentences, Burglary, Aggravated Burglary, Assault Occasioning Actual Bodily Harm
Criminal Law Sentencing Drug Treatment and Testing Orders Community Rehabilitation Orders Unduly Lenient Sentences Burglary Aggravated Burglary Assault Occasioning Actual Bodily Harm

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Parties

Attorney General

Applicant

Moussin Boujettif

Offender

John Harrison

Appellant

Crown

Respondent

Procedural Posture

Criminal / Appeal and Attorney General's Reference

Legal Issues

  1. 1 When is a Drug Treatment and Testing Order (DTTO) appropriate?
  2. 2 Was the DTTO imposed on Boujettif unduly lenient?
  3. 3 Should Harrison have received a DTTO or community order instead of imprisonment?

Ratio Decidendi

A DTTO was inappropriate for Boujettif due to the seriousness and aggravating features of his offences, including aggravated burglary with a knife, repeat offending, and offending while on licence. The original sentence was unduly lenient and replaced with 4 years' imprisonment. For Harrison, his progress in custody and motivation justified quashing the custodial sentence and substituting a 2-year community rehabilitation order with specific conditions.

Court Disposition

Boujettif: Sentence increased to 4 years' imprisonment; Harrison: Appeal allowed, sentence quashed, community rehabilitation order imposed.

Orders

  • Boujettif: 4 years' imprisonment for all offences, sentences concurrent, to commence upon arrest or surrender.
  • Harrison: 2-year community rehabilitation order with conditions to attend Think First Programme and reside at approved address.