Brennan, R v

Brennan, R v

The community sentence imposed was unduly lenient given the offender's relevant previous convictions, commission of the offence while on bail, and the use of a bladed article to threaten violence. The appropriate sentence, after credit for guilty plea, is three and a half years' imprisonment.

Parties
Applicant: Attorney General; Respondent: Stephen Joseph Brennan
Jurisdiction
England and Wales
Judgment Date
25 July 2018
Procedural Posture
Criminal / Sentence Review
Outcome
community sentence quashed; custodial sentence imposed
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentence, Community Order, Custodial Sentence, Aggravating and Mitigating Factors
Criminal Law Robbery Sentencing Unduly Lenient Sentence Community Order Custodial Sentence Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Stephen Joseph Brennan

Respondent

Procedural Posture

Criminal / Sentence Review

Legal Issues

  1. 1 Was the community sentence imposed for robbery unduly lenient?
  2. 2 What is the appropriate sentence considering aggravating and mitigating factors?

Ratio Decidendi

The community sentence imposed was unduly lenient given the offender's relevant previous convictions, commission of the offence while on bail, and the use of a bladed article to threaten violence. The appropriate sentence, after credit for guilty plea, is three and a half years' imprisonment.

Court Disposition

community sentence quashed; custodial sentence imposed

Orders

  • community sentence quashed
  • three and a half years' imprisonment imposed