Attorney General's Reference No 19 of 2004 [2004] EWCA Crim 1239 (28 April 2004)

Attorney General's Reference No 19 of 2004 [2004] EWCA Crim 1239 (28 April 2004)

The sentence of 10 months' imprisonment was unduly lenient given the seriousness of the wounding, the clear racial aggravation, and the offender's record. The Attorney General was not precluded from referring the sentence as the prosecution did not acquiesce in a way that created a legitimate expectation. The appropriate sentence is three years' imprisonment: two years for the wounding and one year for the racial aggravation.

Citation
[2004] EWCA Crim 1239
Parties
Applicant: Her Majesty's Attorney General; Offender: Brett Charlton
Jurisdiction
England and Wales
Judgment Date
28 April 2004
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Racially Aggravated Offences, Sentencing, Attorney General's Reference, Abuse of Process, Double Jeopardy
Criminal Law Racially Aggravated Offences Sentencing Attorney General's Reference Abuse of Process Double Jeopardy

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Parties

Her Majesty's Attorney General

Applicant

Brett Charlton

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for racially aggravated wounding was unduly lenient
  2. 2 Whether the Attorney General is precluded from referring a sentence after a judicial indication and prosecutorial acquiescence
  3. 3 Appropriate approach to sentencing for racially aggravated offences

Ratio Decidendi

The sentence of 10 months' imprisonment was unduly lenient given the seriousness of the wounding, the clear racial aggravation, and the offender's record. The Attorney General was not precluded from referring the sentence as the prosecution did not acquiesce in a way that created a legitimate expectation. The appropriate sentence is three years' imprisonment: two years for the wounding and one year for the racial aggravation.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Offender to serve three years' imprisonment: two years for wounding, one year for racial aggravation, to run from the date of this judgment and concurrently with existing sentence.
  • Representation order for Queen's Counsel for the offender approved.