Court of Appeal dismisses appeal against severity of sentence for attempted murder, on the grounds that, in view of the seriousness of the crime, there was no error in principle in the ultimate sentence of 15 years post-mitigation being imposed.
Criminal Law – court previously dismissed appellant’s appeal against conviction – this is the appeal against severity of sentence – appellant was tried in the Central Criminal Court in March 2014 – arraigned and pleaded not guilty to attempted murder of his wife – appellant found guilty by the jury in a unanimous verdict – sentence of fifteen years was imposed – whether the sentencing judge erred in relying on authorities cited to him without sufficiently distinguishing those cases from the facts of this case – whether the sentencing judge erred in principle in imposing a sentence which failed to reflect the cooperation and admissions – whether the sentencing judge failed to impose a sentence which reflected the appellant’s personal circumstances – whether sentencing judge erred in saying that the fact that Belousova was the most helpful case, given that the attempted murder in that case had occurred in the course of a robbery – whether sentencing judge erred in failing to consider the fluctuating nature of the appellant’s intention – whether sentencing judge should have taken into account elements akin to provocation – sentencing judge did not mention what the headline sentence might have been – in view of the seriousness of the crime, no error in principle in the ultimate sentence of 15 years post-mitigation – appeal dismissed.