Shergill, R v

The sentence of four years' imprisonment was at the top of the appropriate tariff for attempted kidnap; in light of mitigating factors, the sentence should be reduced to three years' imprisonment.

Parties: Prosecution: Regina; Applicant: Satnum Shergill
Jurisdiction: England and Wales
Judgment Date: 21 February 2008
Procedural Posture: Criminal Appeal / Judgment on Sentence Appeal
Outcome: appeal allowed
Legal Topics: Attempted Kidnap, Sentencing, Mitigation, Appeal

Criminal Law Attempted Kidnap Sentencing Mitigation Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Satnum Shergill

Applicant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1 Whether the sentence of four years' imprisonment for attempted kidnap was excessive
2 Whether sufficient regard was paid to mitigating factors

Ratio Decidendi

The sentence of four years' imprisonment was at the top of the appropriate tariff for attempted kidnap; in light of mitigating factors, the sentence should be reduced to three years' imprisonment.

Court Disposition

appeal allowed

Orders

Sentence of four years' imprisonment quashed
Substituted sentence of three years' imprisonment