SENTENCE LENGTH

[2019] EWCA Crim 2052

[2019] EWCA Crim 2052
CA (Crim Div) (Fulford LJ, Nicklin J, Sir Kenneth Parker)
26 November 2019

An individual’s conviction for two counts of conspiracy to cheat the public revenue were safe. Although there had been failures in the prosecution’s disclosure process, they had not been in bad faith and they had been cured by the time of the trial. The prosecution had also been entitled not to investigate further the allegation that there had been another conspirator, due to insufficient evidence against him.

[2019] NICA 66

[2019] NICA 66
CA (NI) (Stephens LJ, Treacy LJ, Keegan J)
25 November 2019

The Court of Appeal (Northern Ireland) considered the appropriate reduction to a sentence when an offender pleaded guilty at arraignment but did not indicate his intention to plead guilty at the outset. In particular, it considered whether the attitude of the offender at interview should be taken into account, and whether the present guidance was consistent with the terms of the Criminal Justice (Northern Ireland) Order 1996 art.33(1). It also considered whether there was an impact on the level of discount if the offender was caught red-handed or if there was no viable defence.

[2019] EWCA Crim 2095

[2019] EWCA Crim 2095
CA (Crim Div) (Holroyde LJ, William Davis J, Judge Lodder QC)
19 November 2019

A judge had erred when imposing a life sentence on an offender already serving an extended determinate sentence, in setting the minimum term to run from the expiry of the custodial element of the extended sentence rather than from the offender’s earliest release date from that sentence.

[2019] EWCA Crim 2008

[2019] EWCA Crim 2008
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
19 November 2019

A sentencing judge had erred in failing to reach a conclusion on the category of culpability under the Manslaughter Definitive Guideline 2018 of a woman convicted of manslaughter for stabbing to death her partner after a history of domestic violence. A category and starting point should be decided before consideration of the aggravating and mitigating factors.

[2019] EWCA Crim 1836

[2019] EWCA Crim 1836
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
1 November 2019

Although two defendants who had pleaded guilty to violent disorder and had been convicted of applying a corrosive fluid with intent to cause grievous bodily harm were dangerous within the meaning of the Criminal Justice Act 2003 Pt 12 s.229, determinate sentences of 12 and 14 years’ imprisonment provided a sufficient degree of protection to the public to make an extended sentence unnecessary. An extended sentence, including a custodial term of 16 years, was appropriate for a third defendant convicted of similar offences, who had armed himself with the corrosive fluid and had used it indiscriminately, and had previous convictions which indicated a pattern of offending.

[2019] EWCA Crim 1881

[2019] EWCA Crim 1881
CA (Crim Div) (Simon LJ, William Davis J, Sir Kenneth Parker)
25 October 2019

A total sentence of 12 years’ imprisonment, comprised of consecutive sentences of seven years for five offences of human trafficking and five years for four offences of supplying drugs, was appropriate for a 21-year-old offender considering his relative youth and the fact that he had no real criminal history.

[2019] EWCA Crim 1896

[2019] EWCA Crim 1896
CA (Crim Div) (Leggatt LJ, Carr J, Judge Thomas QC)
24 October 2019

A sentence of 20 years’ imprisonment was manifestly excessive in respect of a husband who had been convicted of the attempted murder of his wife. The sentencing judge had erred in not giving proper consideration as to whether the offender’s adjustment disorder had impaired his mental functioning. The appropriate sentence was one of 17 years’ imprisonment.

[2019] EWCA Crim 1790

[2019] EWCA Crim 1790
CA (Crim Div) (Hickinbottom LJ, Cutts J, Sir Roderick Evans)
17 October 2019

A sentence of eight years and eight months’ imprisonment was just and proportionate following guilty pleas to 13 historic offences of indecent assault of a girl under 16 years where the victims were the offender’s step-daughter and adopted daughter who had been abused in their beds at night.

[2019] EWCA Crim 1835

[2019] EWCA Crim 1835
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
15 October 2019

A sentence of 32 years’ imprisonment for conspiracy to supply Class A and Class B drugs was replaced with one of 30 years. The overall criminality, which involved highly sophisticated conspiracies, justified a sentence of 30 years but not above.

CA (Crim Div) (Gross LJ, Stuart-Smith J, Judge Marks QC)
2 September 2019

A total sentence of 13 years and 8 months’ imprisonment imposed in two separate criminal proceedings for various offences of fraud, money laundering and perverting the course of justice was not manifestly excessive. The judge had assessed the overall criminality thoroughly and had carefully considered totality.

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