Counsel had failed to warn his client that if convicted of causing grievous bodily harm with intent, after a previous conviction for unlawful sexual intercourse with a girl under thirteen, he would be subject to a mandatory life sentence. The prosecution would have been ready to accept a plea to an alternative charge of causing grievous bodily harm, where the mandatory provisions would not have applied.
Held: This was sufficient to count as exceptional, and to justify treating the matter under section 2(3) of the Act.
Citations:
Times 29-Mar-2000
Statutes:
Crime (Sentences) Act 1997 2 2(3)
Criminal Practice
Updated: 09 April 2022; Ref: scu.85571
