Attorney General's Reference No 29 of 2004

Attorney General's Reference No 29 of 2004

The judge failed to give proper effect to the seriousness of the section 18 offence; a sentence of less than three years' imprisonment was inappropriate. The correct sentence for the section 18 offence is three years, resulting in a total of five years' imprisonment when sentences are made consecutive.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Criminal Reference / Sentence Review on Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; substituted sentence imposed.
Legal Topics
Sentencing, Wounding With Intent, Burglary, Common Assault, Use of Weapon, Consecutive Sentences, Unduly Lenient Sentence
Criminal Law Sentencing Wounding With Intent Burglary Common Assault Use of Weapon Consecutive Sentences Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent was unduly lenient
  2. 2 Whether the totality of consecutive sentences justified mitigation of individual sentences

Ratio Decidendi

The judge failed to give proper effect to the seriousness of the section 18 offence; a sentence of less than three years' imprisonment was inappropriate. The correct sentence for the section 18 offence is three years, resulting in a total of five years' imprisonment when sentences are made consecutive.

Court Disposition

Sentence increased on reference; substituted sentence imposed.

Orders

  • Leave to refer granted.
  • Sentence for section 18 offence increased to three years' imprisonment.