Attorney General Reference No 77 of 2004

Attorney General Reference No 77 of 2004

The sentence was unduly lenient, but in the exercise of discretion, the Court declined to interfere due to the offender's completion of most of the curfew, payment of compensation, and the negative consequences of incarceration at this stage.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
06 October 2004
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Sentence unduly lenient but not interfered with; appeal dismissed.
Legal Topics
Unduly Lenient Sentences, Grievous Bodily Harm, Sentencing Principles, Double Jeopardy Discount
Criminal Law Unduly Lenient Sentences Grievous Bodily Harm Sentencing Principles Double Jeopardy Discount

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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. 1 Whether the sentence imposed for causing grievous bodily harm with intent was unduly lenient
  2. 2 Whether the Court of Appeal should substitute a custodial sentence

Ratio Decidendi

The sentence was unduly lenient, but in the exercise of discretion, the Court declined to interfere due to the offender's completion of most of the curfew, payment of compensation, and the negative consequences of incarceration at this stage.

Court Disposition

Sentence unduly lenient but not interfered with; appeal dismissed.