Unsworth, R. v

Unsworth, R. v

The sentence imposed for count 4 (wounding with intent to resist arrest) was unduly lenient given the aggravating factors, including repeated stabbing of a police officer in full uniform, offender's criminal history, and use of a knife. The proper starting point should have been not less than 8 years, with a 20% reduction for guilty plea, resulting in a substituted sentence of 6 years for count 4.

Parties
Applicant: Attorney General; Respondent: Stephen Michael Unsworth
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence for count 4 substituted; total sentence increased.
Legal Topics
Sentencing, Robbery, Wounding With Intent, Possession of Bladed Article, Unduly Lenient Sentence, Aggravating Factors
Criminal Law Sentencing Robbery Wounding With Intent Possession of Bladed Article Unduly Lenient Sentence Aggravating Factors

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Parties

Attorney General

Applicant

Stephen Michael Unsworth

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent to resist arrest was unduly lenient
  2. 2 Appropriate application of Sentencing Council Guidelines for section 18 offences
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The sentence imposed for count 4 (wounding with intent to resist arrest) was unduly lenient given the aggravating factors, including repeated stabbing of a police officer in full uniform, offender's criminal history, and use of a knife. The proper starting point should have been not less than 8 years, with a 20% reduction for guilty plea, resulting in a substituted sentence of 6 years for count 4.

Court Disposition

Sentence for count 4 substituted; total sentence increased.

Orders

  • Sentence for count 4 (wounding with intent to resist arrest) increased to 6 years' imprisonment.
  • Total sentence increased to 10 years and 6 months' imprisonment.