Attorney General Reference No 20 of 2004

Attorney General Reference No 20 of 2004

Given the extreme gravity of the offence, the severe and permanent injuries inflicted, and the multiple aggravating factors, the original sentence of 5 years was unduly lenient. A sentence of at least 12 years would have been appropriate, but taking into account double jeopardy and personal mitigation, a sentence of...

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Parties
Applicant: Attorney General; Respondent: [Name Redacted] (the Offender)
Jurisdiction
England and Wales
Judgment Date
18 October 2004
Procedural Posture
Criminal Reference / Appeal on Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Wounding With Intent, Unduly Lenient Sentence, Aggravating and Mitigating Factors
Criminal Law Sentencing Wounding With Intent Unduly Lenient Sentence Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

[Name Redacted] (the Offender)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent was unduly lenient
  2. 2 Appropriate sentence for offence with severe aggravating features

Ratio Decidendi

Given the extreme gravity of the offence, the severe and permanent injuries inflicted, and the multiple aggravating factors, the original sentence of 5 years was unduly lenient. A sentence of at least 12 years would have been appropriate, but taking into account double jeopardy and personal mitigation, a sentence of 9 years' imprisonment is substituted.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of 5 years' imprisonment quashed
  • Substituted sentence of 9 years' imprisonment