Attorney General's Reference No 27 of 2004

A custodial sentence was called for and the Community Punishment Order was unduly lenient; however, due to double jeopardy, substantial completion of the non-custodial sentence, and the offender's current circumstances, the Court declined to interfere with the sentence as a matter of discretion.

Parties: Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction: England and Wales
Judgment Date: 02 July 2004
Procedural Posture: Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome: Attorney General's Reference allowed; sentence found unduly lenient but not altered
Legal Topics: Dangerous Driving, Sentencing, Attorney General's Reference, Death by Dangerous Driving

Criminal Law Dangerous Driving Sentencing Attorney General's Reference Death by Dangerous Driving

Case Brief

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Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient
2 Whether exceptional mitigating circumstances justified a non-custodial sentence

Ratio Decidendi

Court Disposition

Attorney General's Reference allowed; sentence found unduly lenient but not altered

Orders

Community Punishment Order and ancillary orders to stand