Seen to be Done J UDGES of the Court of Appeal
have the power to increase a sentence against which a prisoner is appealing: in the past, however, they have wisely exercised it rarely, reserving it for an occasional case without mitigating circumstances in which a blatantly guilty prisoner is appealing against his sentence more or less on the grounds that he has nothing to lose, and the court feels that the original sentence was manifestly too lenient. But it has been very clearly understood that an increase in sentence on appeal is proper only when the appeal court feels the original sen- tence to have been unjustifiably light.
Now, however—though the Lord Chief Justice has implicitly disclaimed any such intent—a new and disturbing element appears to be creeping in. In a group of cases this week, an appeal court presided over by Lord Parker increased the sentences the lower courts had imposed; and an impression was created that the decisions were at any rate partly coloured by a feeling that a criminal appealing against sentence on such obviously inadequate grounds as the appellants concerned had somehow deserved to be punished for his cheek. (It must be said in passing that not even this argument could apply in one of the cases, which concerned a man of previously good character and clear record—as Lord Parker himself admitted NA ho had been convicted of wounding a couple in a fit of jealousy and drink, and who had received thirty months' imprison- ment, a sentence which the Court of Appeal in- creased to four years.) But the Court of Appeal has, and should have, no punitive function at all. It would be unfortunate if it should appear to be moved, however slightly, by understandable feel- ings that some criminals who fully deserved their original sentences were making game of the appeal machinery; and it would certainly be deplorable if criminals with good grounds for appealing against sentence should be frightened to do so, and should abandon their appeals. in fear lest their sentences might be increased.
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