Attorney General's Reference No 49 of 2004

Attorney General's Reference No 49 of 2004

The original sentence of six years was unduly lenient given the aggravating features, including a violent sexual assault and the offender's extensive record of violent offences. A longer than commensurate sentence was necessary to protect the public under section 80(2)(b) of the 2000 Act. The appropriate sentence was nine years' imprisonment, taking into account double jeopardy.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
12 July 2004
Procedural Posture
Criminal Reference / Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence increased
Legal Topics
Manslaughter, Sentencing, Unduly Lenient Sentences, Protection of the Public
Criminal Law Manslaughter Sentencing Unduly Lenient Sentences Protection of the Public

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal Reference / Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988)

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient
  2. 2 Whether a longer than commensurate sentence was necessary to protect the public under section 80(2)(b) of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The original sentence of six years was unduly lenient given the aggravating features, including a violent sexual assault and the offender's extensive record of violent offences. A longer than commensurate sentence was necessary to protect the public under section 80(2)(b) of the 2000 Act. The appropriate sentence was nine years' imprisonment, taking into account double jeopardy.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of six years' imprisonment quashed
  • Substituted sentence of nine years' imprisonment imposed