The test which to be applied when considering questions of disparity in sentencing between defendants is whether ‘right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of this sentence, consider that something had gone wrong with the administration of justice?’
Citations:
(1983) 5 Cr App R (S) 158
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Stack CACD 12-Jan-1999
The defendant appealed a sentence of 16 months’ detention in a young offender institution, for violent disorder. There had been a fracas involving over 100 youths. He was not the instigator. He had one previous conviction for dishonesty. He said the . .
Cited – Young v Regina CACD 4-Dec-2003
The appellant had been convicted of VAT fraud. His company collected sums for charity but hid substantial receipts. He appealed his sentence on the grounds of disparity with his co-defendants. The fraud was substantial and organised.
Held: The . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 16 May 2022; Ref: scu.179680