Source: All England Reporter
Publisher Citation: [2007] All ER (D) 64 (Sep)
Court: Court of Appeal, Criminal Division
Judge:

Maurice Kay LJ, Jack and Simon JJ
Representation David Munro (instructed by Williamson & Soden, Birmingham) for the offender.
  Julian Evans (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 12 September 2007

Catchwords

Sentence - Custodial sentence - Seriousness of offence - Wounding with intent to cause grievous bodily harm - Criminal damage - Offender stabbing man in neck with large knife - Judge imposing suspended sentence of detention in a young offender institution - Whether sentence unduly lenient.

The Case

Sentence Custodial sentence. A sentence of 12 months' detention in a young offender institution, suspended for two years, which had been imposed on an offender who had stabbed a victim in the neck with a large knife, was unduly lenient. The appropriate sentence was four years' detention in a young offender institution. Accordingly, the suspended sentence would be quashed and, bearing double jeopardy and the mitigating factors in mind, a sentence of three years and three months' detention in a young offender institution would be substituted.

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