Court of Appeal allows appeal of unduly lenient sentence imposed for a violent carjacking, and substitutes an effective sentence of five years and six months' imprisonment, on the grounds that the sentencing judge was obliged to properly assess the gravity of the case before deciding on how best to give effect to the penal objective of rehabilitation, and the failure to determine an appropriate headline sentence led to an ultimate sentence that was clearly outside of the norm.
Criminal law – sentencing – undue leniency – whether a sentence of three and a half years suspended from the date the sentence was handed down (factoring in back dating) imposed for a violent carjacking was unduly lenient – unlawful seizure of a vehicle contrary to s. 10 of the Criminal Law (Jurisdiction) Act 1976 – assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997 – possession of a syringe with intent to injure or to threaten or intimidate, contrary to s. 7(1) and (7) of the Non-Fatal Offences Against the Person Act, 1997 – s. 2 of the Criminal Justice Act 1993 – whether the sentencing judge failed to determine where the offences fell on the scale of offending to reflect the nature of the offences – whether adequate weight was given to the aggravating factors – sentencing judge was obliged to properly assess the gravity of the case before deciding on how best to give effect to the penal objective of rehabilitation – failure to determine an appropriate headline sentence led to an ultimate sentence that was clearly outside of the norm – sentences were unduly lenient – effective sentence of five years and six months' imprisonment substituted – appeal allowed.