||All England Reporter
|| All ER (D) 153 (May)
||Court of Appeal, Criminal Division
Hughes LJ, Treacy J and Sir Peter Cresswell
||Arthur Gibson (assigned by the Registrar of Criminal Appeals) for the defendant.
||13 May 2008
Sentence - Imprisonment - Length of sentence - Burglary - Assault occasioning actual bodily harm - Four years' imprisonment - Whether sentence manifestly excessive.
The defendant's appeal against a sentence of four years' imprisonment, namely 32 months' imprisonment for burglary and 16 months' imprisonment, to run consecutively, for assault occasioning actual bodily harm, would be allowed. The instant offences could not have attracted a sentence of six years' imprisonment after a trial and the overall sentence was too long. In all the circumstances, the appropriate starting point for the combined offences was four-and-a-half years after a trial, with the conventional reduction in recognition of the guilty plea. Accordingly, the sentence of 4 years' imprisonment would be quashed and substituted by a sentence of 3 years' imprisonment, namely 2 years' for burglary and 12 months' imprisonment, to run consecutively, for the assault.
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports