Attorney General Reference No 6 of 2009

Attorney General Reference No 6 of 2009

Custody is inevitable for offenders who carry and use knives in public, regardless of mitigation, to send a clear deterrent message and address the prevalence of knife crime. The original sentence was quashed and replaced with a 24-month detention and training order, concurrent on both counts.

Parties
Applicant: Attorney General; Respondent: DR
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Criminal Reference / Appeal
Outcome
original sentence quashed; 24-month detention and training order imposed
Legal Topics
Sentencing, Knife Crime, Wounding With Intent, Offensive Weapon
Criminal Law Sentencing Knife Crime Wounding With Intent Offensive Weapon

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Parties

Attorney General

Applicant

DR

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the original sentence was unduly lenient given the facts and prevalence of knife crime
  2. 2 Appropriate length and nature of custodial sentence for a young offender convicted of wounding with intent and possession of an offensive weapon

Ratio Decidendi

Custody is inevitable for offenders who carry and use knives in public, regardless of mitigation, to send a clear deterrent message and address the prevalence of knife crime. The original sentence was quashed and replaced with a 24-month detention and training order, concurrent on both counts.

Court Disposition

original sentence quashed; 24-month detention and training order imposed

Orders

  • Offender to surrender to Bethnal Green police station by 11 am on Monday
  • Serco/Home Office to collect offender promptly from police station