The defendant appealed several sentences totalling 30 months, noted as being made under the 2000 Act. Some offences had been committed for sentence under section four, and some under section 6.
Held: Section four allowed committal for sentence only with other cases committed for trial. That did not apply here. However, applying Folkestone Justices, the committal under section 4 could be seen as a misrecording of a decision to commit under section 3. The crown court could not impose a greater sentence than the magistrates would have had power to, and for carrying a bladed article a maximum of six months was appropriate. The court also had to make the sentences concurrent under section 6, reducing the total sentence to 18 months. That was inadequate, and the sentences for those offence now committed under section three would be increased, and a resulting overall 30 months was to be re-instated.
Judges:
Mr Justice Mitchell Mr Justice Eady Lord Justice Rose
Citations:
[2003] EWCA Crim 1271
Links:
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 4 6
Citing:
Cited – Regina v Folkestone and Hythe Justices, ex parte R CACD 1983
The court was prepared to consider sentences on the basis that the magistrates had misrecorded the basis of the defendant’s committal to the Crown Court. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 07 June 2022; Ref: scu.181960