| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 177 (Jun) |
| Neutral Citation: | [2004] EWCA Crim 1622 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Rose LJ, Grigson and Andrew Smith JJ |
| Representation | Robert Colover (instructed by Robin Murray & Co, Swanley) for the offender. |
| Mohammed Khamisa (instructed by the Treasury Solicitor) for the Attorney General. | |
| Judgment Dates: | 20 May 2004 |
Catchwords
Sentencing - Causing grievous bodily harm with intent - Custodial sentence - Duration of sentence of imprisonment unduly lenient.
The Case
A sentence of 30months' imprisonment was unduly lenient where the 38-year-old offender was convicted of causing grievous bodily harm with intent to resist arrest or prevent the lawful apprehension or detention of himself and another, following an assault on a uniformed police officer. The expected sentence at first instance would have been one of at least five years' imprisonment and, taking into account the principle of double jeopardy and the offender's progress in prison, the sentence imposed on an Attorney General's Reference would be one of three years and 11 months' imprisonment.
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