Lord Bingham LCJ said: ‘It is clearly established by earlier cases, in particular R v St Albans Crown Court ex parte Cinnamond and R v Croydon Crown Court ex parte Miller, that judicial review did not offer a backdoor means of appeal against the sentences imposed by the Crown Court and appeals from justices. It was nevertheless recognised by those authorities that there came a point at which a penalty was so far outside the reasonable range of penalties as to be indicative of a manifest error of law.’
Judges:
Lord Bingham LCJ
Citations:
[1997] EWHC Admin 135
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – McElroy, Regina (on The Application of) v Lewes Combined Court Admn 20-Jun-2014
The claimant sought judicial review of his sentence of six months imprisonment for assault and criminal damage. He submitted that the sentence clearly falls so far outside of the broad area of the court’s discretion that it ought to be quashed.
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Judicial Review
Updated: 01 December 2022; Ref: scu.137080