Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the case was not exactly of the nature of the offence for which he was on licence, it was wrong to disregard the potentially violent character of the offence and the short period since release. It was appropriate to order his return to prison to serve the balance of his sentence.
Judges:
Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford Qc
Citations:
[1998] EWCA Crim 1273
Statutes:
Criminal Justice Act 1991 40, Public Order Act 1986 23(1)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 04 October 2022; Ref: scu.154147
