Attorney-General's Reference No 34 of 2015
Given the seriousness and persistence of the offending, absence of coercion, and the need for deterrence, the sentence was unduly lenient and an immediate custodial sentence was required. The offender's personal mitigation, while significant, did not amount to exceptional circumstances justifying suspension of sentence.
- Parties
- Applicant: Attorney General; Respondent: Offender
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2015
- Procedural Posture
- Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
- Outcome
- Appeal allowed; sentence increased
- Legal Topics
- Perverting the Course of Justice, Sentencing, Unduly Lenient Sentence, Mitigation, Custodial Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Offender
Respondent
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was unduly lenient
- 2 Appropriateness of suspending custodial sentence for perverting the course of justice
- 3 Impact of offender's personal circumstances on sentencing
Ratio Decidendi
Given the seriousness and persistence of the offending, absence of coercion, and the need for deterrence, the sentence was unduly lenient and an immediate custodial sentence was required. The offender's personal mitigation, while significant, did not amount to exceptional circumstances justifying suspension of sentence.
Court Disposition
Appeal allowed; sentence increased
Orders
- Original sentence declared unduly lenient
- Substituted sentence of 18 months' imprisonment concurrent on each count, to take effect immediately
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