AGGRAVATING FEATURES

CA (Crim Div) (Simon LJ, Jacobs J, Judge Munro QC)
19 November 2019

A sentence of 22 months’ imprisonment, suspended for 24 months, imposed on an offender for making threats to kill his girlfriend was unduly lenient where he had a previous conviction for domestic violence against a different woman, for which only a few days earlier he had been given a suspended sentence. The appropriate sentence was 30 months’ imprisonment.

[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 1825

[2019] EWCA Crim 1825
CA (Crim Div) (Flaux LJ, Goose J, Julian Knowles J)
17 October 2019

Permission to appeal against sentence and convictions for manslaughter and child cruelty by the victim’s father were refused where there had been no error in the admission of bad character evidence at trial and the 10-year sentence of imprisonment was not manifestly excessive.

[2019] EWCA Crim 1815

[2019] EWCA Crim 1815
CA (Crim Div) (Spencer J, Edis J)
26 September 2019

A sentence of three and a half years’ imprisonment for inflicting grievous bodily harm where the victim had been in the first trimester of pregnancy was not manifestly excessive given the seriousness of the injury caused with a single punch and the context of domestic violence.

[2019] EWHC 2015 (Admin)

[2019] EWHC 2015 (Admin)
DC (Hickinbottom LJ, Butcher J)
25 July 2019

It would be extremely rare for a court considering a guilty plea to find that a case presented by the prosecution as being aggravated by sexual orientation discrimination under the Criminal Justice Act 2003 s.146, where that was disputed by the defence, did not require a Newton hearing because the existence of that factor would not materially affect the sentence. In any event, such a hearing was likely to be necessary because of the requirement under s.146(3)(b) to state in open court that homophobic circumstances had been present in an offence.

[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 896

[2019] EWCA Crim 896
CA (Crim Div) (Sharp LJ, William Davis J, Judge Leonard QC)
16 April 2019

A total sentence of 12 months’ imprisonment suspended for 24 months imposed on an offender following his guilty pleas to criminal damage, putting a young girl and her family in fear of violence by harassment and perverting the course of public justice was unduly lenient. Both the harassment and perverting the course of justice offences were almost the most serious of their kind; they were persistent, sophisticated, had caused great harm and merited immediate custodial sentences. The court quashed the sentence and replaced it with one of four years and nine months’ imprisonment.

[2019] EWCA Crim 775

[2019] EWCA Crim 775
CA (Crim Div) (Gross LJ, Goose J, Judge Kinch QC)
11 April 2019

A total sentence of two-and-half years’ imprisonment imposed on an offender for a robbery at a convenience store whist carrying of a knife and an attempted robbery of a bookmakers was unduly lenient. The judge had significantly understated the gravity of the offending and had overstated the allowance to be made for the offender’s mitigation.

CA (Crim Div) (Davis LJ, Elisabeth Laing J, Cheema-Grubb J)
31 January 2019

A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.

[2019] EWHC 74 (Admin)

[2019] EWHC 74 (Admin)
QBD (Admin) (Nicol J)
22 January 2019

A sentence expressed in a European Arrest Warrant as ‘4 months and 330 days’ could properly be regarded in the light of further information as a single sentence for an offence of theft, enhanced because of previous offending.

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