Attorney General's Reference No 5 of 2004

Attorney General's Reference No 5 of 2004

The original sentence of 30 months was unduly lenient given the aggravating features and the authorities; a sentence of at least four-and-a-half years would have been appropriate, but taking double jeopardy into account, the sentence is increased to three-and-a-half years' imprisonment.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
17 May 2004
Procedural Posture
Criminal / Attorney General's Reference on Sentence Under S.36 Criminal Justice Act 1988
Outcome
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

Offender

Respondent

Procedural Posture

Criminal / Attorney General's Reference on Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of 30 months' imprisonment for wounding with intent was unduly lenient

Ratio Decidendi

The original sentence of 30 months was unduly lenient given the aggravating features and the authorities; a sentence of at least four-and-a-half years would have been appropriate, but taking double jeopardy into account, the sentence is increased to three-and-a-half years' imprisonment.

Court Disposition

sentence increased

Orders

  • Original sentence of 30 months' imprisonment quashed
  • Substituted sentence of three-and-a-half years' imprisonment imposed