Attorney General's References No 125 and 126 of 2006

The sentences imposed by the Recorder were unduly lenient given the aggravating features and applicable sentencing guidelines. A custodial sentence is required for Jake Tomney; for Simon Tomney, discretion is exercised not to interfere due to progress under supervision and mitigating circumstances.

Parties: Applicant: Attorney General; Respondent: Jake Tomney; Respondent: Simon Tomney
Jurisdiction: England and Wales
Judgment Date: 18 January 2007
Procedural Posture: Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome: Appeal allowed in part; sentence for Jake Tomney substituted; no order for Simon Tomney.
Legal Topics: Robbery, Sentencing, Unduly Lenient Sentences, Young Offenders

Criminal Law Robbery Sentencing Unduly Lenient Sentences Young Offenders

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Parties

Attorney General

Applicant

Jake Tomney

Respondent

Simon Tomney

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

1 Were the sentences imposed on Jake Tomney and Simon Tomney unduly lenient?
2 Should custodial sentences be substituted for the original orders?

Ratio Decidendi

Court Disposition

Appeal allowed in part; sentence for Jake Tomney substituted; no order for Simon Tomney.

Orders

Order for Jake Tomney quashed and substituted with 12 months' detention and training order consecutive to current order.
No order made for Simon Tomney; original community order remains.