The defendants appealed against their sentences for terrorist offences involving the possession of terrorist publications with intent to distribute them. The prosecution had asserted that in terrorist cases the normal cautions on sentencing did not apply.
Held: Courts should be careful to reflect the actual acts of the defendants when sentencing. Section 2 was concerned with the elements of what went to make up the offence. Though some element of deterrence was appropriate in terrorist cases, the courts must acknowledge that sentences disproportionate to the offence might inflame extremism as much as they might deter it.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring and Mr Justice Plender
Citations:
[2008] EWCA Crim 1465, Times 08-Jul-2008, [2008] 4 All ER 661, [2008] Crim LR 906
Links:
Statutes:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 15 August 2022; Ref: scu.270951
