The sentencing judge had indicated in chambers to defence counsel, that he was minded not to impose a custodial sentence if a plea was entered to a mooted charge. Prosecuting counsel was present but did not contribute to the discussion although he said while leaving chambers, ‘Your Honour, it sounds, therefore, as if the matter can be resolved’. When the Attorney General sought an increase in the sentence, defence counsel said it would be an abuse for the Attorney General, standing in the shoes of the prosecution, to suggest that the course in which the prosecution had acquiesced was inappropriate on the basis that it would result in a sentence which was unduly lenient. Counsel relied on the decision in Attorney General’s Reference (Nos 8, 9 and 10 of 2002)
Held: ‘It seems to us that the passage upon which Miss Munro relies is a passage which must be considered with some care. It clearly has to be read in conjunction with what Lord Bingham said in Robinson and what Rose LJ said in Stokes. It is undoubtedly right that if the prosecution has acted in ways in which it could be said that it had played a part in giving the offender the relevant expectation, then clearly it would not be appropriate for this court to permit the Attorney General to argue that the sentence which was imposed, partly as a result of what the prosecution had said or done, was unduly lenient. But we have, it seems to us, to look in the light of that principle at the facts of each particular case.’
Judges:
Latham LJ
Citations:
[2004] EWCA Crim 1239
Jurisdiction:
England and Wales
Cited by:
Cited – Attorney General’s Reference (Number 8 of 2004) (Dawson and Others) CANI 15-Apr-2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty . .
Cited – Rooney and Others, Re Attorney General’s Reference (Number 1 of 2005) CANI 11-Nov-2005
The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.224220