Downing, R. v

Downing, R. v

The sentence imposed did not adequately reflect the seriousness and cumulative aggravating features of the offending. Proper recognition of domestic violence, use of a knife, and multiple victims justified a significant upward adjustment. The judge erred in making a downward adjustment for the attempt charge, as the categorisation and starting point would have been the same if charged as wounding with intent.

Parties
Prosecutor: Regina; Offender: Stephen Anthony Downing
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Criminal / Reference by Attorney General Under S.36 of the Criminal Justice Act 1988; Appeal Against Sentence
Outcome
sentence on count 2 quashed; new sentence imposed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Attempted Grievous Bodily Harm, Domestic Violence, Unduly Lenient Sentence
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Attempted Grievous Bodily Harm Domestic Violence Unduly Lenient Sentence

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Parties

Regina

Prosecutor

Stephen Anthony Downing

Offender

Procedural Posture

Criminal / Reference by Attorney General Under S.36 of the Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient given the seriousness and aggravating features of the offending
  2. 2 Whether proper categorisation and aggravating factors were considered in sentencing

Ratio Decidendi

The sentence imposed did not adequately reflect the seriousness and cumulative aggravating features of the offending. Proper recognition of domestic violence, use of a knife, and multiple victims justified a significant upward adjustment. The judge erred in making a downward adjustment for the attempt charge, as the categorisation and starting point would have been the same if charged as wounding with intent.

Court Disposition

sentence on count 2 quashed; new sentence imposed

Orders

  • sentence of 7 years imprisonment with an extension period of 4 years imposed on count 2
  • leave to refer granted