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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Criminal Sentencing - From: 1991 To: 1991This page lists 6 cases, and was prepared on 21 May 2019. Regina v Debagg and Izzet (1991) 12 Cr App R (S) 733 1991 CACD Auld J Criminal Sentencing Auld J faced a request from a defendant to have taken into consideration his assistance to the police and said: "There is a clear public policy interest in encouraging the speedy proffering of information by those who have it and as part and parcel of their acceptance of their own responsibility for the matters with which they are charged. Where the offer of assistance is made late in the day and proves to be of no value, there must always be some difficulty for the Court in determining how genuine the offer and the remorse are." 1 Citers Attorney General's Reference No. 1 of 1991 [1991] NI 218 1991 CANI Hutton LCJ Northern Ireland, Criminal Sentencing The court discussed the use of concurrent sentences: "we do not consider that there is a principle that a trial judge necessarily errs if he imposes concurrent and not consecutive sentences. Moreover, we consider that in Northern Ireland concurrent sentences are imposed more frequently than in England. We are of opinion that it would be undesirable in this jurisdiction to limit the discretion of the trial judge as to whether he should impose concurrent or consecutive sentence. The over-riding concern must be that the total global sentence, whether made up of concurrent or consecutive sentences, must be appropriate. In some cases a judge may achieve this result more satisfactorily by imposing consecutive sentences. In other cases he may achieve it more satisfactorily by imposing concurrent sentences . . We stress that, whether the sentences are concurrent or consecutive, the over-riding and important consideration is that the total global sentence should be just and appropriate." 1 Citers Regina v Ruffell (1991) 13 Cr App R (S) 204 1991 CACD Criminal Sentencing The appellant had pleaded guilty to causing a public nuisance, and had been sentenced to a suspended term of 12 months' imprisonment and a fine of �7000. The nuisance had consisted of an "acid house" party, which had attracted some thousands of people. A side road to the site had been blocked by traffic. There had been very loud music, overnight and lasting for about 12 hours. The surrounding woodlands had been littered with human excrement. The appeal against the sentence of imprisonment failed, but the fine was quashed on the ground that the appellant had no means to pay it. 1 Citers Regina v Lennon [1991] 1 Cr App (S) 19 1991 CACD Henry LJ Criminal Sentencing In relation to sentencing cases of indecent assault: "It was never easy to sentence in such cases; the circumstances of each case would vary greatly. The sentencer must tailor the sentence to the facts of the case before the court." 1 Citers Regina v Lemmon [1991] EWCA Crim 1; (1992) 13 Cr App R (S) 66; [1991] Crim LR 791 2 May 1991 CACD Leggatt LJ, Waterhouse, Potts JJ Criminal Sentencing, Costs Drug Trafficking Offences Act 1986 [ Bailii ] Regina v Goodchild Unreported - August 12 1991 12 Aug 1991 CACD Watkins LJ Criminal Sentencing The court considered sentencing for manslaughter where, following an argument, the deceased was struck with a clenched fist in the middle of his face and was knocked over, so that his head struck the kerbstone and his skull was fractured with fatal results. Held: Watkins LJ said "If one were to look at the matter from the point of view of the victim and his family, the temptation would be to sentence the person responsible for such a thing to imprisonment for a number of years. But this Court has said that that is not the way to look at the matter. Justice is not seen to be done in that way". 1 Citers |
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