Source: All England Reporter
Publisher Citation: [2011] All ER (D) 183 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, Openshaw and Macur JJ (judgment delivered extempore)
Representation Eugene Hickey (instructed by Stevens Solicitors) for the offender.
  Crispin Aylett QC (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 16 February 2011

Catchwords

Sentence - Non-custodial sentence - Aggravating factors - Indecent assault - Defendant convicted of three counts of indecent assault - Judge imposing suspended sentence - Whether court, having found sentence unduly lenient, could take account of material adverse to offender in deciding appropriate sentence - s 36.

The Case

Sentence Non-custodial sentence. On a point, not previously resolved, the Court of Appeal, Criminal Division, held on a reference by the Attorney General, that the court, having found a sentence to be unduly lenient, did have the power to take into account matters adverse to the offender when deciding the appropriate sentence. A suspended sentence imposed on an offender for three counts of indecent assault was quashed and substituted by a sentence of four years' imprisonment.

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