Attorney General Reference Nos 54, 55 & 56 of 2004 [2004] EWCA Crim 2062 (20 July 2004)

Attorney General Reference Nos 54, 55 & 56 of 2004 [2004] EWCA Crim 2062 (20 July 2004)

The original sentences were unduly lenient given the seriousness and aggravating features of the offence; custodial sentences are required for such grave violence, even for youth offenders, but a discount is appropriate due to double jeopardy and time spent at liberty.

Citation
[2004] EWCA Crim 2062
Parties
Applicant: Attorney General; Respondent: Sam Stechman; Respondent: Lee Walton; Respondent: Simon Griffin
Jurisdiction
England and Wales
Judgment Date
20 July 2004
Procedural Posture
Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence
Outcome
Appeal allowed; sentences increased.
Legal Topics
Sentencing, Grievous Bodily Harm, Youth Offenders, Unduly Lenient Sentences
Criminal Law Sentencing Grievous Bodily Harm Youth Offenders Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Sam Stechman

Respondent

Lee Walton

Respondent

Simon Griffin

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Were the sentences imposed on the offenders unduly lenient?
  2. 2 Should custodial sentences be imposed given the gravity of the offence and the offenders' ages?

Ratio Decidendi

The original sentences were unduly lenient given the seriousness and aggravating features of the offence; custodial sentences are required for such grave violence, even for youth offenders, but a discount is appropriate due to double jeopardy and time spent at liberty.

Court Disposition

Appeal allowed; sentences increased.

Orders

  • Sam Stechman: 24-month Detention and Training Order
  • Simon Griffin: 24-month Detention and Training Order