Legal eagles, what generally happens when there is an appeal to lengthen a sentence?

Hitman_Leon

Hitman_Leon

Hitman_Leon

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An individual was found guilty in crown court and sentenced to 8 years for two separate offences of the same type against two individuals and also various other offence in relation to the main offence.

The Judge did not follow sentencing guidelines which should have seen the individual receive between 13 and 19 years. Now prosecution are appealing the sentence of 8 years to be increased.

Anyone know what generally happens and if these kind of appeals are successful?
 
Hitman_Leon said:
Was just wondering if there was any danger of a reduction rather than increase and if it might be a protracted process.
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I expect it can go both ways, but I would have thought that if the prosecution are appealing on the grounds you mention then they must think they have a good chance of success, I don't think it is very common to appeal guilty custodial sentences by the prosecution.
 
Castiel said:
I expect it can go both ways, but I would have thought that if the prosecution are appealing on the grounds you mention then they must think they have a good chance of success, I don't think it is very common to appeal guilty custodial sentences by the prosecution.
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Thanks; that sounds like I was thinking, I just did not want to be over enthusiastic without asking a little opinion on it.
 
Castiel said:
I'm no lawyer, but it would seem the most logical position to me.
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Seems logical what you say though, they don't seem to appeal tried and won cases without good chance of success due to costs and the possibility of a loss or even reversal of what they aim to achieve.
 
Some sentences run concurrently, he may have got two separate 8 year sentences, but he does them both at the same time.
 
yhack said:
Some sentences run concurrently, he may have got two separate 8 year sentences, but he does them both at the same time.
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No he got one 8 year sentence but the judge who sentenced him did not follow the sentencing guidelines for the offences he was convicted of. If the judge had followed the guidelines he should have received a sentence of between 13 and 19 years.

That is the reason for the appeal by the prosecution, the sentence is below the minimum specified in the guidelines. The prosecution want the sentence increased to between 13 and 19 years as prescribed in the sentencing guidelines for the offences committed.
 
Hitman_Leon said:
No he got one 8 year sentence but the judge who sentenced him did not follow the sentencing guidelines for the offences he was convicted of. If the judge had followed the guidelines he should have received a sentence of between 13 and 19 years.

That is the reason for the appeal by the prosecution, the sentence is below the minimum specified in the guidelines. The prosecution want the sentence increased to between 13 and 19 years as prescribed in the sentencing guidelines for the offences committed.
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Are you sure that there weren't mitigating circumstances which were taken into account that lowered the minimum sentence?
 
unless its murder or they have vegetated someone or raped/pedoed someone no body deserves 8 years. Jail isn't scary or dangerous its just pure mental torture at bigger sentences. A few months or years is just boring. 6 years + especially if they have IPP will drive them crazy.
 
RadoX said:
unless its murder or they have vegetated someone or raped/pedoed someone no body deserves 8 years. Jail isn't scary or dangerous its just pure mental torture at bigger sentences. A few months or years is just boring. 6 years + especially if they have IPP will drive them crazy.
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Can't go into detail but he fits into one of the scenarios you mention where the sentence of over 8 years is valid.
 
Am I the only one thinking the OP's name is very apt?

Hitman Leon: 'So I did this hit and got 8 years, but now the prosecution want me to do the full 13-19 years.'
 
RadoX said:
unless its murder or they have vegetated someone or raped/pedoed someone no body deserves 8 years. Jail isn't scary or dangerous its just pure mental torture at bigger sentences. A few months or years is just boring. 6 years + especially if they have IPP will drive them crazy.
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Murder, child abuse should be actual full life tariffs.
Attempted murder, rape etc, 20 years minimum.
3 strikes burglary should be 15 years.
Carrying a knife should be 10 years (currently 5 in Scotland).
 
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