On this page:

• Comparable sentences
• Parity
• Errors in the exercise of sentencing discretion
• Totality principle

Comparable sentences

The Court of Appeal is unlikely to lower your sentence unless your sentence was 'manifestly excessive' when compared to similar cases. Cases are only considered 'comparable' if the other person was:

1. charged with the same offence or offences as you;
2. the same sex as you;
3. around the same age;
4. had a similar criminal history; and
5. the facts are similar.

You may be entitled to obtain comparable sentences from the Prisoners’ Legal Service. Your sentence will not be lowered by the Court of Appeal if it is simply harsh or at the top of the range of sentences ordinarily imposed for that offence. It must be 'manifestly excessive' before the Court will lower the sentence.

Parity

Parity means that, generally speaking, where two or more people commit the same crime they should receive the same sentence.

To have parity, the case of your co-accused must be similar to your own. For example, if your co-accused had less involvement than you, or was a first offender, or you have a longer criminal history, then the Court of Appeal will not usually consider that your sentence should be on par with your co-accused.

Errors in the exercise of sentencing discretion

You may be able to argue the judge made a mistake in sentencing you, for example:

1. by failing to take into account an important matter in your favour eg you pleaded guilty very early in the process;
2. by taking into account an irrelevant fact eg you face further charges of which you say you are not guilty; or
3. the judge made a wrong finding of fact eg the judge said the offence was pre-planned when it was not.

Totality principle

The totality principle states that where a person is being sentenced for different crimes committed at different times, the overall sentence should not be excessive and regard must be had to the total effect of the sentence. You need to be prepared to argue why your total sentence was too high and what it should have been, given the total criminal offences involved.

There are certain grounds you cannot raise as to why your appeal against sentence should be allowed.

1. That you are not guilty.
   You were sentenced because you were found guilty or pleaded guilty. On a sentence appeal, whether you were guilty is not discussed.

2. That you were not as involved as the Prosecutor said - unless your barrister did challenge this at your sentence hearing.
   You are not normally able to ask the Court of Appeal to consider facts that were not given to the judge at the time of your sentence.