Attorney General's Reference Nos. 49 of 2008

[2008] EWCA Crim 2304

Case details

Case citations
[2008] EWCA Crim 2304
Court
Court of Appeal (Criminal Division)
Judgment date
8 October 2008
Judgment text

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Subjects
Criminal Sentencing Offences against the person
Keywords
Attorney General's reference unduly lenient sentence knife crime wounding with intent youth sentencing deterrence section 91 detention and training order
Outcome
attorney general's reference allowed; sentence increased to a custodial term of three years
Judicial consideration

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Summary

For a serious knife wounding, substantial mitigation arising from youth, remorse and a difficult background may reduce sentence but cannot displace the need for severe punishment. A youth who carries a knife and uses it during an altercation, causing grave and sustained injuries, should expect a significant custodial sentence. The sentencing court must give proper weight to public protection and deterrence, particularly where the victim was attacked as part of a group and the offender has a previous conviction for violence.

Factual background

The Attorney General sought leave under section 36 of the Criminal Justice Act 1988 to refer as unduly lenient a sentence imposed at the Crown Court at Harrow.

The 16-year-old offender pleaded guilty at the first opportunity to wounding with intent contrary to section 18 of the Offences against the Person Act 1861. During a group altercation outside a food shop, he used a knife to stab the victim six times. One wound penetrated the chest cavity, caused a collapsed lung and required a blood transfusion.

The sentencing judge imposed a 12-month detention and training order. The central issue was whether that sentence was unduly lenient despite the offender’s youth, remorse, guilty plea and troubled background.

Held

  1. The Attorney General’s reference was allowed. The 12-month detention and training order was unduly lenient and the sentence was increased to reflect a custodial term of three years.

  2. The offence was exceptionally grave. The offender carried a kitchen knife and used it repeatedly, inflicting six wounds to the victim’s torso. The chest wound penetrated the rib cage, caused internal bleeding and a collapsed lung, and required a blood transfusion. The attack was sustained, occurred in a group setting and was committed against a person providing a service to the public.

  3. The court gave full weight to the offender’s age, difficult upbringing, guilty plea, remorse and capacity to benefit from support. It also accepted that he had not initiated the original dispute and that the wounding was not premeditated. Those features did not justify the weight the sentencing judge had placed on them when set against the gravity of the violence, the deliberate carrying and use of a knife, and the offender’s previous conviction for violence.

  4. Referring to R v Blizard and Povey (21 May 2008), the court reaffirmed that weapons carried in public create a serious threat because trivial incidents may escalate into grave violence. Those who carry knives and then use them to wound must expect severe punishment.

  5. The court treated the offence as a grave crime for the purposes of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. A significant increase in custody was therefore required.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division) — granted leave on the Attorney General’s reference under section 36 of the Criminal Justice Act 1988, held the sentence unduly lenient, and increased it to a custodial term of three years.
  • Crown Court at Harrow — on 27 June 2008, imposed a 12-month detention and training order for wounding with intent.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
attorney general's reference allowed; sentence increased to a custodial term of three years

Key cases cited

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Cases citing this case

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