Riley, R. v

Riley, R. v

The total sentence imposed was unduly lenient because the judge failed to sufficiently account for the aggravating factors of victim vulnerability and abuse of trust, and did not set a sentence that reflected the overall gravity of the offending. The primary motive for the attempted murder was financial gain, not...

Source-derived case information.

Parties
Applicant: The Queen; Respondent: Barry Riley
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Criminal Appeal (reference Under Section 36 of the Criminal Justice Act 1988) / Appeal Against Sentence; Review of Unduly Lenient Sentence
Outcome
Appeal allowed; sentence for attempted murder increased
Legal Topics
Attempted Murder, Fraud, Abuse of Power of Attorney, Sentencing, Unduly Lenient Sentence Reference
Criminal Law Attempted Murder Fraud Abuse of Power of Attorney Sentencing Unduly Lenient Sentence Reference

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Parties

The Queen

Applicant

Barry Riley

Respondent

Procedural Posture

Criminal Appeal (reference Under Section 36 of the Criminal Justice Act 1988) / Appeal Against Sentence; Review of Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempted murder and fraud was unduly lenient
  2. 2 Whether the sentencing judge failed to properly account for aggravating and mitigating factors
  3. 3 Whether concurrent sentences were appropriate given the facts

Ratio Decidendi

The total sentence imposed was unduly lenient because the judge failed to sufficiently account for the aggravating factors of victim vulnerability and abuse of trust, and did not set a sentence that reflected the overall gravity of the offending. The primary motive for the attempted murder was financial gain, not mixed motives, and the notional sentence after trial should have been significantly higher. The appropriate sentence for attempted murder was substituted at 15 years' imprisonment, with the concurrent sentence for fraud left unaltered.

Court Disposition

Appeal allowed; sentence for attempted murder increased

Orders

  • Leave to refer granted
  • Sentence of 11 years 8 months for attempted murder quashed