Unsworth, R. v [2019] EWCA Crim 1135 (07 June 2019)

Unsworth, R. v [2019] EWCA Crim 1135 (07 June 2019)

The original sentence of 4 years for the s.18 offence was unduly lenient given the aggravating factors, including use of a knife against a police officer in uniform, previous convictions, and commission while on licence. The appropriate starting point was not less than 8 years, with a 20% reduction for guilty plea, resulting in a substituted sentence of 6 years for count 4 and a total sentence of 10 years and 6 months.

Citation
[2019] EWCA Crim 1135
Parties
Prosecution: Regina; Offender: Stephen Michael Unsworth
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Unduly Lenient Sentence, Robbery, Wounding With Intent, Possession of Bladed Article, Sentencing Guidelines, Aggravating and Mitigating Factors
Criminal Law Unduly Lenient Sentence Robbery Wounding With Intent Possession of Bladed Article Sentencing Guidelines Aggravating and Mitigating Factors

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Parties

Regina

Prosecution

Stephen Michael Unsworth

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent to resist arrest was unduly lenient
  2. 2 Appropriate application of Sentencing Council Guidelines for s.18 offences where intent is to resist arrest, not cause grievous bodily harm
  3. 3 Proper starting point and credit for guilty plea in sentencing

Ratio Decidendi

The original sentence of 4 years for the s.18 offence was unduly lenient given the aggravating factors, including use of a knife against a police officer in uniform, previous convictions, and commission while on licence. The appropriate starting point was not less than 8 years, with a 20% reduction for guilty plea, resulting in a substituted sentence of 6 years for count 4 and a total sentence of 10 years and 6 months.

Court Disposition

sentence increased

Orders

  • Sentence on count 4 (wounding with intent to resist arrest) increased to 6 years' imprisonment
  • Total sentence increased to 10 years and 6 months' imprisonment