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Suspended sentence was unduly lenient for violent offences committed while on bail
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Court of Appeal allows appeal of an unduly lenient suspended sentence imposed for robbery, and substitutes a sentence of three years with the final two years suspended, on the grounds that the sentence imposed failed to reflect a significant aggravating factor, namely the commission of an offence involving violence or the threat of violence when on bail in respect of similar offences, and insufficiently exceptional circumstances exist in this case to justify the suspension of the whole of the sentence imposed of three years.
Criminal law – undue leniency – whether a suspended sentence of three years imposed for robbery was unduly lenient – s. 2 of the Criminal Justice Act 1993 – whether the sentence imposed failed to reflect a significant aggravating factor, namely, the commission of an offence involving violence or the threat of violence when on bail in respect of similar offences – s. 11 of the Criminal Justice Act 1984 as amended by s. 10 of the Bail Act 1997 and as substituted in part by the Criminal Justice Act 2007 – insufficiently exceptional circumstances exist in this case to justify the suspension of the whole of the sentence imposed of three years – error in principle identified – sentence of three years with the final two years suspended substituted – appeal dismissed.
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