Attorney General's Reference Nos. 31, 45, 43, 42, 50 & 51 of 2003

[2004] EWCA Crim 1717

Case details

Case citations
[2004] EWCA Crim 1717
Court
Court of Appeal (Criminal Division)
Judgment date
24 June 2004
Judgment text

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Subjects
Criminal Sentencing Attorney General’s references
Keywords
Attorney General’s reference sentencing sentence increase extended sentence custodial period pre-sentence custody
Outcome
references determined (sentences increased for burgess and cottrill; no interference with the other four offenders’ sentences)
Judicial consideration

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Summary

This short judgment records the dispositions of six Attorney General sentencing references. The court declined to interfere with the sentences imposed on four offenders. It increased the sentence of one offender to two and a half years’ imprisonment. It increased another sentence to four years, comprising a two-year custodial period and a two-year extended period. No reasons or general sentencing principle are stated.

Factual background

The Court of Appeal (Criminal Division) determined six Attorney General’s references made under section 36 of the Criminal Justice Act 1988. The judgment identifies the offenders as Thomas M, Adele McLean, Daniel Burgess, Anthony Cottrill, Surinder Lehal and Bhupinder Lehal.

The text does not state the offences, the original sentences, the courts below, or the grounds on which the Attorney General contended that any sentence should be increased. The court’s brief judgment gives only the orders made on the references.

Held

  1. The court declined to interfere with the sentences imposed on Thomas M and Adele McLean.
  2. The court increased Daniel Burgess’s sentence to two and a half years’ imprisonment. It indicated that it would hear further submissions on the date on which he must surrender.
  3. The court increased Anthony Cottrill’s sentence to a total of four years. This comprised a custodial period of two years and an extended period of two years.
  4. The court stated that the commencement dates of the altered sentences, and credit for relevant pre-sentence custody, would be calculated appropriately.
  5. The court declined to alter the sentences imposed on Surinder Lehal and Bhupinder Lehal.

The judgment gives no reasons for these conclusions and states no legal test or general sentencing principle.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division) Determined six Attorney General’s references under section 36 of the Criminal Justice Act 1988. The originating proceedings and lower-court decisions are not stated in the judgment.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
references determined (sentences increased for burgess and cottrill; no interference with the other four offenders’ sentences)

Key cases cited

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Cases citing this case

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