Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Backdating of sentence for attempted robbery rendered it unduly lenient
|
or click here to request site subscription to search and view all judgments |
Court of Appeal quashes sentence for attempted robbery and making a threat to kill for undue leniency, on the grounds that: (a) the sentence imposed was very lenient but not unduly so per se, where the sentencing judge put the issue of rehabilitation to the forefront; but (b) the sentencing judge fell into error in backdating the sentence, such that the respondent would not have served an additional period in custody in respect of the present offence.
Offences: attempted robbery and making a threat to kill
Original sentence: four years with two years suspended (backdated while on remand, but respondent was at time already serving sentence for unrelated offence and sentences made concurrent)
Appeal by: prosecution (statutory application)
Outcome: sentence quashed and new sentence imposed of two years and four months with two years suspended, to be served consecutively (i.e. four months to be served in custody beyond the time due to be served for the unrelated offence)
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
