R v Lyon

The appeal was lodged by the convicted individual against the sentence imposed by the court. The appellant had been found guilty of entering a dwelling with intent to commit an indictable offence, with aggravating circumstances that he had broken in, was armed with an offensive weapon, and used actual violence. He was also convicted of unlawfully wounding his ex-wife with intent to cause grievous bodily harm, but was acquitted of the charge of attempted murder. The appellant was sentenced to nine years' imprisonment for the unlawful wounding charge, and a concurrent term of five years for the burglary with aggravating circumstances. The court declared the conviction for wounding with intent to do grievous bodily harm to be a serious violent offence.

The appellant contended that his sentence was manifestly excessive, arguing that he should receive some reduction in his sentence for making three written offers to plead guilty to the charges of burglary and wounding with intent to do grievous bodily harm if the attempted murder charge was dropped. The appellant also argued that, despite the serious violent offender declaration, the sentencing court was not constrained to a sentence at the lower end of an appropriate range. The court had to determine whether the sentence imposed was manifestly excessive and whether the appellant was entitled to a reduction in sentence for his offers to plead guilty.

The court held that the appellant's sentence was manifestly excessive and that he was entitled to some reduction in his sentence for his offers to plead guilty. The court noted that the appellant's offers to plead guilty demonstrated a willingness to accept responsibility for his actions and that this should be taken into account when determining the appropriate sentence. The court also held that, while a serious violent offender declaration was a matter of discretion, the sentencing court was not constrained to a sentence at the lower end of an appropriate range. The court substituted a sentence of seven years imprisonment for the nine years imposed, and maintained the declaration.

The court allowed the application for leave to appeal against sentence, granted the appeal, and substituted a sentence of seven years imprisonment for the nine years imposed, and maintained the declaration.