Two men carried out offences, including going equipped for stealing, burglary, possessing an imitation pistol, and carrying offensive weapons, which included an unloaded revolver for which they had no ammunition. They pleaded guilty to the charges against them. Their counsel read out a statement by them expressing anarchical views which included the passage: ‘The police uphold the laws, which in turn ensure the safety of the capitalist exploiters and their system. Therefore the police, police stations and courts are legitimate targets for acts of violence which are necessary to bring about badly needed changes in the structure of our society. Other legitimate targets are government ministers, officials and buildings, prisons and prison staff and troops.’
Held: The judge was clearly influenced very considerably by this statement and it led him to impose the maximum sentence on each count to which the defendants had pleaded. The offences for which the judge had passed these sentences were clearly not the worst of their kind and that therefore the maximum sentences should not have been imposed.
Lawton LJ said: ‘The learned judge increased the sentences because of the statement read to the court, and because of his view, for which there was ample evidence, that these young men were enemies of society. But the court has to bear in mind that in our system of jurisprudence there is no offence known as being an enemy of society. The court is concerned with the offences charged in the indictment. It may well be that at a trial the evidence establishes that those who have committed the offences charged are dangerous men. When the evidence establishes that the court has no reason for mitigating the penalties in any way. If the evidence does establish that the accused are dangerous men, then it is no good their saying that they have no previous convictions, or that they are still young men. The evidence cancels out such mitigation as there is. But the fact remains that the correct principle for sentencing is to sentence for the offences charged and on the facts proved or admitted. In those circumstances the court adjudges that these sentences will have to be altered.’
Judges:
Lawton LJ
Citations:
(1973) 57 Cr App R 696
Jurisdiction:
England and Wales
Cited by:
Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 27 October 2022; Ref: scu.185428