Regina v Nguyen – WLR Daily

Regina v Nguyen, Attorney General’s Reference No 79 of 2015

‘The defendant pleaded guilty to attempting to inflict grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861 and to having an offensive weapon contrary to section 1(1) of the Prevention of Crime Act 1953. He was sentenced to three years and four months’ imprisonment and 12 months’ imprisonment respectively. The Attorney General applied to the Court of Appeal under section 36 of the Criminal Justice Act 1988 for leave to refer the sentence as unduly lenient. At the same time the prosecution applied to the Crown Court under the Powers of Criminal Courts (Sentencing) Act 2000 for the sentence to be varied on the grounds that new material showed that, contrary to the way in which the case had been presented at the sentencing hearing, the complainant had been specifically targeted by the defendant. The time limit for making a variation order was subsequently extended by a Crown Court judge, and a variation order was later made by the sentencing judge. The defendant appealed against the varied sentence. On the hearing in the Court of Appeal it was common ground that there was no power to extend the time limit for the making of a variation order, so that the variation order had been invalid.’

WLR Daily, 23rd March 2016