Attorney General's Reference No. 147 OF 2004

Attorney General's Reference No. 147 OF 2004

The original sentences were unduly lenient given the aggravating features and seriousness of the offences; immediate custody is required and a total sentence of three years is appropriate, balancing double jeopardy and the offender's failure to comply with non-custodial measures.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
06 April 2005
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences quashed and substituted with custodial sentences.
Legal Topics
Unduly Lenient Sentences, Assault With Intent to Rob, Actual Bodily Harm, Common Assault, Double Jeopardy, Sentencing Guidelines
Criminal Law Unduly Lenient Sentences Assault With Intent to Rob Actual Bodily Harm Common Assault Double Jeopardy Sentencing Guidelines

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Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed were unduly lenient
  2. 2 Appropriate sentence for assault with intent to rob, actual bodily harm, and common assault
  3. 3 Application of double jeopardy in sentence review

Ratio Decidendi

The original sentences were unduly lenient given the aggravating features and seriousness of the offences; immediate custody is required and a total sentence of three years is appropriate, balancing double jeopardy and the offender's failure to comply with non-custodial measures.

Court Disposition

Appeal allowed; sentences quashed and substituted with custodial sentences.

Orders

  • Original sentences quashed.
  • Offender sentenced to two and a half years for assault with intent to rob.