Attorney-General’s Reference (No 64 of 2003): CACD 20 Nov 2003

The attorney general sought re-assessment of the defendant’s sentence of a Drug treatment and testing order.
Held: When considering a Drug Treatment and Testing Order, the court should consider: the realistic possibility that such orders may reduce drug addiction, that it was not appropriate where the defendant had committed many offenders whilst under the influence of drugs, he had to be determined to be free of drugs, they were more successful with younger offenders, they are rarely appropriate in case of serious violence, they are appropriate for offences undertaken to pay for drugs, they might still be appropriate where a large number of offences were involved, the court should look at the effect on the victim, and behaviour after the apprehension could be indicative. In this case a sentence of four years was substituted.

Judges:

Rose LJ, Tugendhat J

Citations:

Times 01-Dec-2003, [2004] 2 Cr App R (S) 106

Jurisdiction:

England and Wales

Citing:

CitedWatson, Regina (on the Application Of) v Director of Public Prosecutions Admn 7-Jul-2003
. .
CitedRegina v Belli CACD 20-Oct-2003
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and . .
CitedRegina v Walters CACD 2003
. .

Cited by:

CitedRegina v Alfonso; Regina v Sajid; Regina v Andrews CACD 9-Sep-2004
The defendants appealed sentences for supplying drugs. They were first time defendants, addicts caught selling drugs to police officers, and with no established stocks of drugs for sale.
Held: A short prison sentence was appropriate. A drug . .
CitedRegina v Page; Regina v Maher; Regina v Stewart CACD 8-Dec-2004
Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.189931