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Sentence for possession of knife and false imprisonment fell within judge’s margin of appreciation
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Court of Criminal Appeal refuses appeal against severity of sentence for possession of a knife, unlawfully interfering with the control of a motor vehicle and false imprisonment, on the grounds that: the headline sentence nominated was on the high side, but given the aggravating factors, such falls within the margin of appreciation afforded to a sentencing judge; the judge afforded an adequate discount for mitigating factors; in deciding whether to suspend a portion of a sentence, a judge may look to the past conduct of the offender; and the judge gave a clear reason as to why he did not feel able to backdate the sentence.
Appeal against severity of sentence - possession of a knife - unlawfully interfering with the control of a motor vehicle - false imprisonment - sentenced to 4 years’ imprisonment on the first two matters and 6 years’ imprisonment in
respect of the false imprisonment offence - headline sentence nominated was on the high side - aggravating factors - margin of appreciation afforded to a sentencing judge - mitigation - discount for mitigating factors -rehabilitation - backdating of sentence.
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