It was not open to a sentencer to sentence on the basis that the offence of which the defendant had been convicted was aggravated by unproved, separate and distinct offences. Henry LJ said that a defendant may only be sentenced for an offence that is either proved or admitted in court. To do otherwise would ‘allow him to sentence on the basis that unproved, separate and distinct offences ‘aggravate’ the offence of which he is convicted.’
Judges:
Henry LJ
Citations:
[1996] 2 Cr App R 282
Jurisdiction:
England and Wales
Cited by:
Cited – Tovey and Another v Regina CACD 9-Mar-2005
Each defendant appealed sentences where he had committed a series of offences and the sentence had been for specimen acts.
Held: When choosing representative offences a prosecutor should be careful to try to give the court a proper picture of . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 06 May 2022; Ref: scu.224228
