Attorney General's Reference No.61 of 2007 (Madden)

Attorney General's Reference No.61 of 2007 (Madden)

The original sentence of three years' imprisonment was unduly lenient given the aggravating factors and established sentencing guidelines; a sentence of five-and-a-half years' imprisonment is appropriate, allowing a small discount for double jeopardy.

Parties
Applicant: Attorney General; Respondent: Michael Madden
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Criminal Reference / Appeal
Outcome
sentence quashed and substituted
Legal Topics
Sentencing, Wounding With Intent, Use of Knife, Unduly Lenient Sentence
Criminal Law Sentencing Wounding With Intent Use of Knife Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Michael Madden

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the original sentence for wounding with intent was unduly lenient
  2. 2 Appropriate sentencing range for offences involving use of a knife

Ratio Decidendi

The original sentence of three years' imprisonment was unduly lenient given the aggravating factors and established sentencing guidelines; a sentence of five-and-a-half years' imprisonment is appropriate, allowing a small discount for double jeopardy.

Court Disposition

sentence quashed and substituted

Orders

  • Original sentence of three years' imprisonment quashed.
  • Substituted sentence of five-and-a-half years' imprisonment imposed.