When a judge has given an indication as to sentence, that does not preclude the Attorney General from bringing the matter before the Court of Appeal for it to consider whether or not the sentence was unduly lenient. However the indication given by the judge would be an important matter for the court to take into consideration when deciding how to dispose of the reference.
Judges:
Lord Bingham CJ
Citations:
[1997] 1 Cr App R (S) 357
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 Sentencing
Updated: 06 May 2022; Ref: scu.224223