Daniel Setter and Sebastian Cox Successfully Resist Solicitor General’s Application in the Court of Appeal to Increase Sentences

Daniel Setter and Sebastian Cox have successfully resisted the Solicitor General’s application in the Court of Appeal to refer sentences imposed for conspiracy to commit aggravated burglary as unduly lenient.

The case concerned four young men who travelled from Greater Manchester to Ilford in a car in the early hours of the morning. They approached a property armed with pepper spray and knives and attempted to gain entry via an open window to the downstairs bedroom. A physical confrontation broke out between the householders and the men, during which pepper spray was discharged. The men fled the scene and were arrested on their journey back up the M6 motorway.

The Solicitor General asked for sentences of 7.5 years’ and 9 years’ imprisonment to be increased. Noting that the Law Officers should give careful thought as to whether to refer a sentence as unduly lenient and on what grounds to do so, the Court of Appeal concluded the Solicitor General’s application was without ‘arguable merit’ and that it was ‘hopelessly misconceived’.

The full judgment can be read here.

Daniel and Sebastian were instructed Danielle Roberts at OBW Law.