The defendant appealed against his sentence. He had pleaded guilty to offences of kidnapping and unlawful wounding on the basis that he had not been involved in any planning. When sentencing him, the judge had rejected this basis.
Held: The appeal succeeded. If a judge wished to sentence on a different basis than that on which a plea had been entered, he must inform the defence team in advance so that representations could be made, or evidence called.
Lord Justice Moore-Bick, Mrs Justice Rafferty and Judge Lorraine-Smith
Times 13-Jul-2009
England and Wales
Criminal Practice
Updated: 31 October 2021; Ref: scu.375995