SENTENCE LENGTH

[2019] EWCA Crim 1836
[2019] EWCA Crim 1836
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
1 November 2019

Although two defendants who had pleaded guilty to violent disorder and had been convicted of applying a corrosive fluid with intent to cause grievous bodily harm were dangerous within the meaning of the Criminal Justice Act 2003 Pt 12 s.229, determinate sentences of 12 and 14 years’ imprisonment provided a sufficient degree of protection to the public to make an extended sentence unnecessary. An extended sentence, including a custodial term of 16 years, was appropriate for a third defendant convicted of similar offences, who had armed himself with the corrosive fluid and had used it indiscriminately, and had previous convictions which indicated a pattern of offending.

[2019] EWCA Crim 1881
[2019] EWCA Crim 1881
CA (Crim Div) (Simon LJ, William Davis J, Sir Kenneth Parker)
25 October 2019

A total sentence of 12 years’ imprisonment, comprised of consecutive sentences of seven years for five offences of human trafficking and five years for four offences of supplying drugs, was appropriate for a 21-year-old offender considering his relative youth and the fact that he had no real criminal history.

[2019] EWCA Crim 1896
[2019] EWCA Crim 1896
CA (Crim Div) (Leggatt LJ, Carr J, Judge Thomas QC)
24 October 2019

A sentence of 20 years’ imprisonment was manifestly excessive in respect of a husband who had been convicted of the attempted murder of his wife. The sentencing judge had erred in not giving proper consideration as to whether the offender’s adjustment disorder had impaired his mental functioning. The appropriate sentence was one of 17 years’ imprisonment.

[2019] EWCA Crim 1790
[2019] EWCA Crim 1790
CA (Crim Div) (Hickinbottom LJ, Cutts J, Sir Roderick Evans)
17 October 2019

A sentence of eight years and eight months’ imprisonment was just and proportionate following guilty pleas to 13 historic offences of indecent assault of a girl under 16 years where the victims were the offender’s step-daughter and adopted daughter who had been abused in their beds at night.

[2019] EWCA Crim 1835
[2019] EWCA Crim 1835
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
15 October 2019

A sentence of 32 years’ imprisonment for conspiracy to supply Class A and Class B drugs was replaced with one of 30 years. The overall criminality, which involved highly sophisticated conspiracies, justified a sentence of 30 years but not above.

CA (Crim Div) (Gross LJ, Stuart-Smith J, Judge Marks QC)
2 September 2019

A total sentence of 13 years and 8 months’ imprisonment imposed in two separate criminal proceedings for various offences of fraud, money laundering and perverting the course of justice was not manifestly excessive. The judge had assessed the overall criminality thoroughly and had carefully considered totality.

[2019] EWCA Crim 1341
[2019] EWCA Crim 1341
CA (Crim Div) (Gross LJ, McGowan J, Butcher J)
5 July 2019

A sentence of four years and five months’ imprisonment was justified in the case of the appellant, who had pleaded guilty to two counts of burglary, one count of assault occasioning actual bodily harm and one count of assault by beating.

[2019] EWCA Crim 1469
[2019] EWCA Crim 1469
CA (Crim Div) (Holroyde LJ, Morris J, Judge Michael Chambers QC)
24 July 2019

Sentences of 17 months’ imprisonment, suspended for two years, were imposed where two parents had kidnapped their 19-year-old daughter, using significant force to drag her away from her workplace before driving her around in a car for three hours. The offences undoubtedly crossed the custody threshold, but immediate imprisonment was not appropriate. The incident had been of short duration and the parents had been motivated by genuine concern for their daughter’s welfare, believing that she had entered into an inappropriate and potentially harmful relationship with an older man.

[2019] EWCA Crim 1507
[2019] EWCA Crim 1507
CA (Crim Div) (Holroyde LJ, Picken J, Judge Michael Chambers QC)
23 July 2019

A sentencing judge had erred in double-counting the aggravating factors of an offence of manslaughter by taking them into account to assess culpability and then again to increase the sentence from the starting point.

[2019] EWCA Crim 1778
[2019] EWCA Crim 1778
CA (Crim Div) (Males LJ, Warby J, Cheema-Grubb J)
16 July 2019

A judge had had regard to totality in sentencing an offender where the sentence was to run consecutively to a sentence he was already serving in Scotland, notwithstanding the fact that the sentence would make the offender a long-term prisoner in Scotland and result in him serving a longer sentence than he would have served had he been serving the sentence in England.

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