Attorney General Reference Nos 54, 55 & 56 of 2004

Attorney General Reference Nos 54, 55 & 56 of 2004

Given the seriousness, persistence, and violence of the offence, and despite the youth and mitigation, the original community-based sentences were unduly lenient; appropriate sentences are Detention and Training Orders of 24 months for Stechman and Griffin, and 12 months for Walton, with credit for time spent in custody and double jeopardy considerations.

Parties
Applicant: Attorney General; Respondent: Sam Stechman; Respondent: Lee Walton; Respondent: Simon Griffin
Jurisdiction
England and Wales
Judgment Date
20 July 2004
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
Sentences quashed as unduly lenient; substituted with Detention and Training Orders (24 months for Stechman and Griffin, 12 months for Walton)
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

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the three youth offenders for grievous bodily harm with intent were unduly lenient
  2. 2 Whether custodial sentences were required in the circumstances

Ratio Decidendi

Given the seriousness, persistence, and violence of the offence, and despite the youth and mitigation, the original community-based sentences were unduly lenient; appropriate sentences are Detention and Training Orders of 24 months for Stechman and Griffin, and 12 months for Walton, with credit for time spent in custody and double jeopardy considerations.

Court Disposition

Sentences quashed as unduly lenient; substituted with Detention and Training Orders (24 months for Stechman and Griffin, 12 months for Walton)

Orders

  • Stechman and Griffin to serve 24-month Detention and Training Orders.
  • Walton to serve 12-month Detention and Training Order, accounting for 7 months pre-sentence custody.