The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Citations: [2003] EWCA Crim 1011 Statutes: Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6 Jurisdiction: England and Wales Citing: Cited – Ibbotson v United Kingdom ECHR 1998 While the applicant was serving … Continue reading Regina v JT: CACD 2003
The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
Ambit of section 14(1) of the 2000 Act and its operation upon an application form for employment in a case where the applicant had previously suffered a conditional discharge. Citations: [2007] ICR 571, [2006] EWCA Crim 2689 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 14(1) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Patel, Regina v: CACD 25 Oct 2006
A prisoner escaped, and on recapture was sentenced for the escape, and ordered under the section to complete the remaining part of his sentence. Held: The prisoner was not subject to the provisions regarding return of a prisoner who had been given early release under the statutory scheme. The return part of the order was … Continue reading Regina v Matthews: CACD 25 Feb 2002
The court considered the practical difficulties which arose in imposing extended sentences with determinate sentences. Held: The appropriate determinate sentence should be imposed first, and only then the consecutive extended sentence. Consecutive sentences should still generally be avoided. Citations: Times 09-May-2007, [2007] EWCA Crim 680 Links: Bailii Statutes: Crime and Disorder Act 1998, Powers of … Continue reading Regina v C, Bartley and others: CACD 22 Mar 2007
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006
The defendant appealed his sentences for several offences. He had been given the maximum sentence of 24 months detention. No discount had been given for his guilty plea, nor for time already spent in custody. The judge described the offences as disgusting. Held: Some discount must be given for the guilty plea. That was established … Continue reading Regina v March: CACD 15 Feb 2002
The court had delayed part of the sentencing procedure to fix a compensation order. However if it did so, it should state clearly the reasons for the postponement, and what sentence was to be considered at the adjourned hearing. In this case a compensation order had not been mentioned. The court should make allowance for … Continue reading Regina v Jones (Timothy): CACD 23 May 2003
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003
