In his sentencing remarks the judge had started by directing his return to prison and then turned to the sentences for the offence in question.
Held: A sentencing tribunal should first decide what the appropriate sentence was for the new offence or offences and only then look to the question of returning the defendant to prison under his licence and if so for what period.
Judges:
Rose LJ
Citations:
[1997] EWCA Crim 2026
Jurisdiction:
England and Wales
Cited by:
Cited – Norman and Others, Regina v CACD 20-Jul-2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served.
Held: The defendants were entitled to a direction. If the time for . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 October 2022; Ref: scu.151481