Attorney General's Reference No 87 of 2006

Attorney General's Reference No 87 of 2006

The sentence imposed was lenient but not unduly so; the Recorder was entitled to conclude that the statutory assumption of risk did not apply, and the total sentence was at the bottom of the permissible range but not outside it. The application to increase the sentence is refused.

Source-derived case information.

Parties
Applicant: Her Majesty's Attorney General; Offender/respondent: Daniel Peter Geddes
Jurisdiction
England and Wales
Judgment Date
24 October 2006
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Application to Review Sentence as Unduly Lenient
Outcome
Application refused; sentence not increased.
Legal Topics
Sentencing, Threats to Kill, Domestic Violence, Burglary, Imprisonment for Public Protection
Criminal Law Sentencing Threats to Kill Domestic Violence Burglary Imprisonment for Public Protection

Source-derived case record

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Parties

Her Majesty's Attorney General

Applicant

Daniel Peter Geddes

Offender/respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Application to Review Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentence for making a threat to kill was unduly lenient
  2. 2 Whether imprisonment for public protection under section 225 Criminal Justice Act 2003 should have been imposed
  3. 3 Whether the total determinate sentence sufficiently reflected the gravity of the offending

Ratio Decidendi

The sentence imposed was lenient but not unduly so; the Recorder was entitled to conclude that the statutory assumption of risk did not apply, and the total sentence was at the bottom of the permissible range but not outside it. The application to increase the sentence is refused.

Court Disposition

Application refused; sentence not increased.