Attorney General's Reference No 119 and 120 of 2005, Re

Attorney General's Reference No 119 and 120 of 2005, Re

The sentence imposed was unduly lenient given the gravity, duration, and violence of the attack, the use of weapons, and the fact that the victim was attacked while unconscious. The Recorder erred in suspending the sentence and in selecting a sentence length to enable suspension. The appropriate sentence, after considering provocation, guilty plea, and double jeopardy, is 26 months' imprisonment for each offender.

Parties
Applicant: Her Majesty's Solicitor General; Offender: Shusing Jim; Offender: Steven Jim; Victim: Fuk Wan Hau
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
sentence increased on reference; appeal allowed
Legal Topics
Wounding With Intent, Sentencing, Provocation, Suspended Sentences, Aggravating and Mitigating Factors
Criminal Law Wounding With Intent Sentencing Provocation Suspended Sentences Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty's Solicitor General

Applicant

Shusing Jim

Offender

Steven Jim

Offender

Fuk Wan Hau

Victim

Procedural Posture

Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence imposed for wounding with intent contrary to Section 18 of the Offences Against the Person Act 1861 unduly lenient?
  2. 2 What is the appropriate sentence in light of aggravating and mitigating factors, including provocation and guilty plea?

Ratio Decidendi

The sentence imposed was unduly lenient given the gravity, duration, and violence of the attack, the use of weapons, and the fact that the victim was attacked while unconscious. The Recorder erred in suspending the sentence and in selecting a sentence length to enable suspension. The appropriate sentence, after considering provocation, guilty plea, and double jeopardy, is 26 months' imprisonment for each offender.

Court Disposition

sentence increased on reference; appeal allowed

Orders

  • Sentences of 26 months' imprisonment substituted for each offender.
  • Offenders to surrender into custody at specified time.