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Sentence – Evidence. The Court of Appeal, Criminal Division, held that, pursuant to s 36 of the Criminal Justice Act 1988, once it was concluded that a sentence had been unduly lenient based on the facts known to the judge below, then the court ought to pass a sentence that would properly reflect the circumstances, including consideration of all newly available material. Accordingly, in the circumstances, a sentence of 4 years and 4 months' imprisonment, for attempted grievous bodily harm with intent and carrying of an offensive weapon, would be quashed and substituted for a total extended sentence of 7 years, with an extended licence period of 4 years.
Sentence – Evidence. The Court of Appeal, Criminal Division, held that, pursuant to s 36 of the Criminal Justice Act 1988, once it was concluded that a sentence had been unduly lenient based on the facts known to the judge below, then the court ought to pass a sentence that would properly reflect the circumstances, including consideration of all newly available material. Accordingly, in the circumstances, a sentence of 4 years and 4 months' imprisonment, for attempted grievous bodily harm with intent and carrying of an offensive weapon, would be quashed and substituted for a total extended sentence of 7 years, with an extended licence period of 4 years.
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