Attorney General Reference Nos 57 & 58 of 2004

Attorney General Reference Nos 57 & 58 of 2004

The original sentences were unduly lenient given the aggravating features of the offence. Taking into account double jeopardy, the appropriate sentences are increased to seven years' imprisonment for the father and three and a half years' detention for the son, with corresponding reductions in the Anti-social Behaviour Orders to three years each.

Parties
Applicant: Attorney General; Respondent: Thomas Eamon Barrow; Respondent: Daniel James Barrow
Jurisdiction
England and Wales
Judgment Date
26 July 2004
Procedural Posture
Criminal Reference / Attorney General's Reference on Sentence
Outcome
sentences increased on reference
Legal Topics
Aggravated Burglary, Sentencing, Unduly Lenient Sentence, Anti Social Behaviour Order
Criminal Law Aggravated Burglary Sentencing Unduly Lenient Sentence Anti Social Behaviour Order

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Parties

Attorney General

Applicant

Thomas Eamon Barrow

Respondent

Daniel James Barrow

Respondent

Procedural Posture

Criminal Reference / Attorney General's Reference on Sentence

Legal Issues

  1. 1 Whether the sentences imposed for aggravated burglary were unduly lenient
  2. 2 Appropriate sentence for aggravated burglary with aggravating features
  3. 3 Appropriate period for Anti-social Behaviour Orders

Ratio Decidendi

The original sentences were unduly lenient given the aggravating features of the offence. Taking into account double jeopardy, the appropriate sentences are increased to seven years' imprisonment for the father and three and a half years' detention for the son, with corresponding reductions in the Anti-social Behaviour Orders to three years each.

Court Disposition

sentences increased on reference

Orders

  • Father's sentence increased from four years to seven years' imprisonment for aggravated burglary.
  • Father's Anti-social Behaviour Order reduced from five years to three years, to commence upon release.