Source: All England Reporter
Publisher Citation: [2002] All ER (D) 339 (Jan)
Neutral Citation: [2002] EWCA Crim 113
Court: Court of Appeal, Criminal Division
Judge:

Lord Woolf CJ, Mitchell and Keith JJ

Representation Ignatius Fessal (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 22 January 2002

Catchwords

Sentencing - Conspiracy to rob - Wounding with intent - Co-defendants - Disparity - Whether unfair disparity between sentences of co-defendants.

The Case

Where the defendant had been convicted of conspiracy to rob and wounding with intent and sentenced to six years' imprisonment on each count to run concurrently, and his co-defendant pleaded guilty to wounding with intent, three counts of robbery (which arose out of incidents which had occurred at a later date), and attempted robbery, and sentenced to a total of four years' imprisonment, it was held that the case was one were right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of the sentence in the instant case, would consider that something had gone wrong with the administration of justice. The sentences of six months' imprisonment would be quashed, and a sentence of four months' imprisonment would be substituted.

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