Attorney General Reference No 98 of 2003

Attorney General Reference No 98 of 2003

The 12 month custodial sentence was unduly lenient given the aggravating features, but the Court declined to interfere due to the need for a lower sentence on reference, the defensive nature of the reference, and policy considerations.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
07 October 2004
Procedural Posture
Criminal Reference / Appeal on Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
reference dismissed; sentence not increased
Legal Topics
Sentencing, Indecent Assault, Extended Sentences, Unduly Lenient Sentences
Criminal Law Sentencing Indecent Assault Extended Sentences Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the custodial sentence of 12 months for indecent assault on a child was unduly lenient
  2. 2 Whether the Court of Appeal should interfere with the sentence imposed by the Crown Court

Ratio Decidendi

The 12 month custodial sentence was unduly lenient given the aggravating features, but the Court declined to interfere due to the need for a lower sentence on reference, the defensive nature of the reference, and policy considerations.

Court Disposition

reference dismissed; sentence not increased