The court considered the propriety of a reference of a sentence where the defendant had been given an indication of a likely sentence: ‘if it were the position that a legitimate expectation of a lenient sentence prior to a plea of guilty, was a sufficient reason for this Court not to exercise its powers under section 36 . . the whole purpose of those powers would, as it seems to us, be set at naught. Anyone who pleads guilty to an offence . . must . . be taken to do so in recognition of the risk that, if a lenient sentence is passed, that may give rise to an Attorney-General’s Reference to this Court, on which this Court may increase the sentence passed . .’
Judges:
Rose LJ
Citations:
Times 12-Oct-1998, [1998] EWCA Crim 2720, [1999] 1 Cr App R (S) 407
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Attorney General’s Reference (Number 8 of 2004) (Dawson and Others) CANI 15-Apr-2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 13 September 2022; Ref: scu.155594