Attorney General's Reference No. 10 of 2007

Attorney General's Reference No. 10 of 2007

The sentence of 10 months' imprisonment was unduly lenient and inadequate given the overall criminality, use of a weapon to terrify, actual violence, and the offender's previous convictions. The appropriate sentence, even allowing for mitigation and early guilty plea, is 18 months' imprisonment.

Parties
Applicant: Attorney General; Respondent: Michael John White
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Criminal Reference / Appeal Against Sentence
Outcome
sentence increased
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Driving With Excess Alcohol, Sentencing Guidelines, Unduly Lenient Sentence
Criminal Law Robbery Assault Occasioning Actual Bodily Harm Driving With Excess Alcohol Sentencing Guidelines Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Michael John White

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on Michael John White was unduly lenient
  2. 2 Whether the sentence adequately reflected the Sentencing Guideline Council's guidelines for robbery

Ratio Decidendi

The sentence of 10 months' imprisonment was unduly lenient and inadequate given the overall criminality, use of a weapon to terrify, actual violence, and the offender's previous convictions. The appropriate sentence, even allowing for mitigation and early guilty plea, is 18 months' imprisonment.

Court Disposition

sentence increased

Orders

  • Leave to bring the Reference is granted.
  • Total sentence increased to 18 months' imprisonment.