Attorney Generals Ref No 22 of 2008

Attorney Generals Ref No 22 of 2008

The original sentence failed to account for aggravating features and did not follow the sentencing guidelines; a custodial sentence of two years' detention in a young offender institution is appropriate, considering double jeopardy and time already served.

Source-derived case information.

Parties
Applicant: Her Majesty's Attorney General; Offender: Jordon Wilson
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Criminal / Sentence Reference Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Sentencing, Attempted Robbery, Unduly Lenient Sentence, Youth Offenders
Criminal Law Sentencing Attempted Robbery Unduly Lenient Sentence Youth Offenders

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Parties

Her Majesty's Attorney General

Applicant

Jordon Wilson

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed on Jordon Wilson for attempted robbery was unduly lenient
  2. 2 What is the appropriate sentence for a youth convicted of attempted robbery with aggravating features

Ratio Decidendi

The original sentence failed to account for aggravating features and did not follow the sentencing guidelines; a custodial sentence of two years' detention in a young offender institution is appropriate, considering double jeopardy and time already served.

Court Disposition

sentence increased

Orders

  • Offender to serve two years' detention in a young offender institution
  • Offender to surrender to Trinity Road Police Station by 1 pm the next day