Attorney-General's Reference No. 55 of 2007

Attorney-General's Reference No. 55 of 2007

The original sentence of two years was unduly lenient given the seriousness and persistence of the knife attack on a police officer; the appropriate sentence, even with mitigation and credit for guilty plea, should not have been less than four years. The court substituted a sentence of three-and-a-half years.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
25 May 2007
Procedural Posture
Criminal Reference / Appeal
Outcome
sentence increased
Legal Topics
Sentencing, Assault on Police Officer, Attempted Wounding, Reference Under S.36 Criminal Justice Act 1988
Criminal Law Sentencing Assault on Police Officer Attempted Wounding Reference Under S.36 Criminal Justice Act 1988

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the sentence imposed for attempted wounding with intent was unduly lenient
  2. 2 Appropriate sentencing bracket for knife attack on police officer

Ratio Decidendi

The original sentence of two years was unduly lenient given the seriousness and persistence of the knife attack on a police officer; the appropriate sentence, even with mitigation and credit for guilty plea, should not have been less than four years. The court substituted a sentence of three-and-a-half years.

Court Disposition

sentence increased

Orders

  • Sentence of two years quashed
  • Substituted sentence of three-and-a-half years imprisonment