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Regina v Benson: CACD 9 Nov 1998

The defendant appealed against a sentence of fifteen months for escaping lawful custody, having gone absent from an open prison, and was so free for nine months. He said that he had been moved within his previous prison for safety reasons, and that he was afraid for his life.
Held: Whilst it was unarguable that the sentence should not be consecutive to the present sentence, the court was prepared to mitigate the total. Given the additional harshness which he must now face in prison, a sentence of three months was substituted.

Judges:

Kennedy LJ VP, Alliott J, Sir Charles McCullough

Citations:

[1998] EWCA Crim 3187

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 16 September 2022; Ref: scu.156061

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