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Court of Appeal allows appeal against the severity of sentence of six years' imprisonment imposed for assault and violent disorder in the Special Criminal Court, and suspends the final fifteen months, on the grounds that: a) the sentencing judges attached excessive weight to a 1999 conviction for violent disorder having regard to the fact that it occurred almost seventeen years; previously and b) the sentencing judges erred in almost excluding all mitigating factors.
Criminal law – appeal against the severity of six years' imprisonment imposed for assault and violent disorder – s. 3 of the Non Fatal Offences Against The Person Act 1997 – s. 15 of the Criminal Justice (Public Order) Act 1994 – two errors of principle in the sentencing judges’ approach to sentencing – sentencing judges attached excessive weight to a 1999 conviction for violent disorder having regard to the fact that it occurred almost seventeen years previously – sentencing judges erred in almost excluding all mitigating factors – sentence of 6 years with final fifteen months suspended substituted – appeal allowed.
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