Attorney General's Reference No. 63 OF 2005

Attorney General's Reference No. 63 OF 2005

Although the sentence was unduly lenient, given the delay since the offence, the offender's remorse, guilty plea, and the double jeopardy of resentencing, it would not be in the interests of justice to interfere with the sentence imposed.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
07 October 2005
Procedural Posture
Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
leave to refer granted; sentence not interfered with
Legal Topics
Perjury, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Perjury Sentencing Unduly Lenient Sentence Attorney General's Reference

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for perjury was unduly lenient
  2. 2 Whether the court should interfere with the sentence imposed

Ratio Decidendi

Although the sentence was unduly lenient, given the delay since the offence, the offender's remorse, guilty plea, and the double jeopardy of resentencing, it would not be in the interests of justice to interfere with the sentence imposed.

Court Disposition

leave to refer granted; sentence not interfered with

Orders

  • Leave to refer the sentence is granted to the Attorney General
  • No interference with the sentence imposed