I’ve listed some examples below of when people have been recalled and handed a far tougher sentence than originally given. This can be (and is) done if a higher legal authority deems the original sentence unduly lenient. As you will see from the examples given, it is truly not beyond the realms of expectation for that to happen in the case of the two brothers. This is but a sample of such instances of it happening.
Two brothers who mocked a judge on Facebook because she did not send them to prison were later recalled and handed two years each behind bars – for attempting to fool the court into thinking they had regretted their crimes.
Just 40 minutes after Daniel Sledden, 27, received a suspended jail term from Judge Beverley Lunt earlier this month, he posted online: “Cannot believe my luck 2 year suspended sentence (sic) beats the 3 year jail yes pal! Beverly [sic] Lunt go suck my ****.
His brother, Samuel Sledden, 22, wrote: What a day it’s been Burnley crown court! Up ur **** aha nice 2 year suspended…”
The defendants, from Lancashire, were called back to Preston Crown Court for a review of their sentence once the remarks had been brought to the attention of the judge. She had previously heard that they felt remorse for the offences they had committed. Each of the posts indicate they have not changed at all, the judge said. They have not taken on board anything or learned any responsibility.
That example did not even demand a formal judicial review.
And there are others..
“A man from Witham has had his jail sentence increased by four years following successful appeal by Essex Police.
21 year old Carter Adams, of St Nicholas Close, will now serve 12 years in jail, plus an additional four on licence.
Adams was initially jailed in February this year following guilty pleas to two counts of GBH with intent, one of ABH and three counts of common assault relating to incidents in Braintree in October 2014 and March 2015.
The appeal court heard how the sentence was deemed to be unduly lenient.
Adams was categorised as a dangerous offender and the bench noted that any offences of violence in prison will result in him serving the full 12 years.”
“A 31-year-old man from Stourbridge has today (Wednesday 23 March) been given an extended jail sentence for causing death by dangerous driving after the Court of Appeal ruled his original sentence was unduly lenient.
Omar Tariq, who was jailed in January has had his sentence increased by 14 months and will now serve four and a half years for causing the death of Peter Price, 39, who was killed when he was hit by the white Mercedes E250 convertible being driven by Tariq.”
“A rapist who was jailed when DNA evidence linked him to an attack on a teenage girl nearly 30 years ago has had his sentence increased after an appeal by the solicitor general.”
“An alcoholic storeman who retreated into the online world because he had a larger than normal head has had his jail sentence for child pornography charges increased on appeal to 10 years and five months.”
Those are just a few of literally hundreds of examples. And that’s before we even get down to a judicial review.
Examples of successful judicial reviews include:
Lewisham hospital closure
The closure of the Independent Living Fund
The HS2 compensation scheme
Compensation for former Japanese prisoners of war