A Level Law Practice Exam

What is the likely outcome if a sentence from the Crown Court is challenged as 'unduly harsh'?

1. The original sentence will always be increased

2. The Court of Appeal may decrease or confirm the sentence

3. The case will be dismissed with no changes

4. A re-trial will always be ordered

The correct answer is: The Court of Appeal may decrease or confirm the sentence

When a sentence from the Crown Court is challenged as 'unduly harsh,' the likely outcome involves a thorough review by the Court of Appeal. The Court has the authority to assess whether the original sentence fits within the bounds of what is considered reasonable and just for the circumstances of the case. If deemed unduly harsh, the Court of Appeal can decide to decrease the sentence to a more appropriate level that reflects the seriousness of the offence and the offender's circumstances. Alternatively, if the Court believes that the original sentencing judge acted within their discretion, it may confirm the original sentence. This dual possibility of either reducing the sentence or upholding it aligns with the Court's responsibility to ensure fairness and justice in sentencing. In contrast, options discussing that a re-trial would be ordered or that the original sentence would always be increased do not accurately reflect the legal process involved in appellate reviews of sentencing. Additionally, the notion of dismissing the case with no changes overlooks the potential for revising a sentence based on the evidence presented regarding its harshness. Thus, the correct answer captures the essence of the Court of Appeal's role in evaluating and potentially adjusting sentences that are contested.