UNDUE LENIENCY

[2019] EWCA Crim 816 [2019] EWCA Crim 816

As the Attorney General had a statutory responsibility to personally consider whether sentences should be referred to the Court of Appeal as unduly lenient, it was inimical to the public interest for judges, when exercising their discretion as to the provision of a transcript of a sentence hearing, to restrict or limit the provision of such information on such a request from the Attorney General.

[2019] EWCA Crim 775 [2019] EWCA Crim 775

A total sentence of two-and-half years’ imprisonment imposed on an offender for a robbery at a convenience store whist carrying of a knife and an attempted robbery of a bookmakers was unduly lenient. The judge had significantly understated the gravity of the offending and had overstated the allowance to be made for the offender’s mitigation.

[2019] EWCA Crim 466 [2019] EWCA Crim 466

Total sentences of six years and nine months’ imprisonment and six years’ imprisonment imposed on a male and female offender respectively following guilty pleas to child sex offences were lenient, but not unduly lenient. The female offender had sent the male offender images of her and her daughter, aged between two and six, engaging in sexual activity. The offending had been rightly categorised in Category 2A of the relevant guideline and the judge’s approach to sentencing was not flawed.

A total extended sentence of seven years and six months’ imprisonment for historic offences of attempted buggery, indecency with a child and indecent assault on a man committed by an individual aged 20-25 against his neighbour aged 10-14, whilst lenient, was not unduly so. Although aspects of the judge’s reasoning had been flawed, the offences had very unpleasant features and there had been an element of grooming, no violence had been used.

[2019] EWCA Crim 31 [2019] EWCA Crim 31

A sentence of three-and-a-half years’ imprisonment imposed on an offender for historic offences of buggery and indecent assault on a fellow resident at a children’s home was unduly lenient. The offender satisfied the dangerousness criteria and a sentence of five years and ten months’ imprisonment with a three-year extension period was appropriate.