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Old Guidelines do apply, even when new ones are published…

Date:

23rd September 2011

Team:

Crime,

R v H & J - Court of Appeal 8th September 2011

H 17 previous good character pleaded guilty, to a near fatal s18 with co-defendant J, on day of trial. The old sentencing guidelines still applied, but the new guidelines had been published and were shortly due to come into force.  He was prosecuted on basis that this was life-threatening assault but not premeditated and mitigation was on the basis that the old guidelines applied. Sentenced on the basis that old guidelines need not apply – 15 year starting point applied with appropriate discount for guilty plea and age, reducing sentence to 9 years.

David Orbaum successfully argued that the sentence was too high and the Court indicated that the old guidelines did apply. The appropriate starting point was 10 years reduced to 7 years for plea.