The defendant appealed his sentence, saying that the judge had given an indication of sentence and that he had acted upon it to his detriment.
Held: The giving of indications had caused difficulty. In this case the judge had later found that he would be bound by the dangerous offender provisions. The sentence was varied to three years less time spent. According to the circumstances a judge may have to decide either that the staute bound him or that his indication was binding.
Judges:
Thomas LJ, Keith J, Lloyd Jones J
Citations:
Times 06-Aug-2007, [2007] EWCA Crim 1701
Links:
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 82A
Jurisdiction:
England and Wales
Citing:
Cited – Goodyear, Karl, Regina v CACD 19-Apr-2005
The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 27 November 2022; Ref: scu.254580