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 Testing Order (DTTO) despite a report that he was a suitable candidate, saying only a prison sentence was appropriate.
Held: ‘it is incumbent upon a sentencer to give proper consideration to the making of a DTTO and not to reject that course simply because a custodial sentence would otherwise have been appropriate. Nor should it be thought that the option will cease to be available simply because of the scale of the offending. ‘ It was not the worst case of its kind and it was an attack upon unoccupied premises. Having regard to the additional material available to the court the balance was now decisively in favour of allowing the appeal.
Judges:
Mr Justice Elias Lord Justice Mantell Mr Justice Jack
Citations:
[2003] EWCA Crim 2752
Links:
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 52
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court QBD 26-Jun-2001
A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review . .
Cited – Regina v Kelly CACD 2002
Discussing Drug Treatment and Testing Orders, the court quoted the Home Office guidance for practitioners involved such pilots: ‘The primary aim of the drug treatment and testing order is therefore to prevent further offending. It is envisaged that . .
Cited – Regina v Billinger CACD 2003
’11.. . . in a case concerning the commission of a series of offences motivated by drug addiction, where the probation service recommend a drug treatment and testing order, the sentencing judge has to make an assessment. Ultimately he is exercising . .
Cited – Attorney General’s Reference No 28 of 2001 (McCollins) CACD 2001
The defendant admitted four street robberies. One involved punching the victim in the face. Two involved threats with a knife, and one a threat to shoot. All save the first were committed on bail. A DTTO (Drug Treatment and Testing Order) was made. . .
Cited – Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court QBD 26-Jun-2001
A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review . .
Cited – Regina v Robinson CACD 2002
The court considered a defendant who appeared for a further offence within a short tme of having a Drug Treatment and Testing Order imposed: ‘It is well-known that a high proportion of criminal offences against people and property are committed in . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 08 June 2022; Ref: scu.186994