>> Amid a public outcry over the former Labour whip’s refusal to resign, The Telegraph has
>> been told it is “almost inevitable” her sentence will be challenged due to the high-profile
>> nature of the case.
Her refusal to resign is neither here nor there in this context
There are quite a few if and perhaps bits in there. I'm sure somebody will be willing to refer it to the Attorney General. IF he is satisfied the sentence is unduly lenient, not just lenient, then he should refer to the Court of Appeal. A sentence is unduly lenient where:
it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate. In that connection, regard must of course be had to reported cases and in particular to the guidance given by this Court from time to time in the so-called guideline cases'.
(Attorney General's Reference No 4 of 1989 11 Cr. App. R. (S) 517 - Lord Lane CJ).
The judges sentencing remarks show a clear and logical rationale for his sentence including mitigation/character pre-sentence report and his own observations at trial. The case of McGann, to which he refers suggests, must have been persuasive.
Although the Attorney General is an MP and political appointee he is, in dealing with this he acts in a quasi judicial capacity. He cannot refer it as a political stunt; the Lords Justices would bawl him out if he did.
Last edited by: Bromptonaut on Thu 31 Jan 19 at 10:40
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