The defendant appealed his sentence of two years for robbery, saying that it had been wrong to impose a deterrent sentence because of an apparently high number of robberies in the area.
Held: The judge must sentence the defendant before him. Though in every case regard must be had to the Sentencing Guideline’s Council’s recommendations, they need not be followed in every case. The sentencing rules had been changed repeatedly and some sympathy must be allowed to judges called upon to implement these changes. The sentence here was not inappropriate, though credit would be given for 28 days spent on remand.
Judges:
Rose LJ, Holland J, Crane J
Citations:
[2005] EWCA Crim 1978, Times 01-Sep-2005
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Greenland, Regina v CACD 28-Jun-2002
The court considered the significance of a guilty plea when sentencing: ‘ . . he is not entitled to the full credit that he would have had had the evidence against him not been so overwhelming and had he not been caught red-handed.’ . .
Cited by:
Cited – French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006) CACD 8-Jun-2006
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the . .
Cited – Norman and Others, Regina v CACD 20-Jul-2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served.
Held: The defendants were entitled to a direction. If the time for . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 04 July 2022; Ref: scu.229998