The court considered an appeal against sentence for the defendant’s prison break.
Held: The court set out the factors in sentencing in such cases: ‘If the offender is serving a determinate sentence, a consecutive sentence should almost invariably be imposed. Obviously if he is serving a life sentence the sentence for breaking prison will have to be served concurrently. But the length of it should be the same as it would have been had he been serving a determinate sentence.’ and ‘(i) the nature and the circumstances of the crime for which he was in prison; (ii) his conduct while in prison; (iii) the methods employed in effecting escape and in particular, whether any violence was involved and whether there was extensive planning and outside assistance; (iv) whether he surrendered himself and how soon and (v) a plea of guilty.’
Judges:
McCowan LJ, Kennedy J, Denison J, the Common Serjeant
Citations:
[1997] EWCA Crim 506, [1997] 2 Cr App R(S) 269
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 10 June 2022; Ref: scu.149961
