Certain punitive orders may not be made in conjunction with a conditional discharge because if punishment is inexpedient, it is inappropriate to couple it with a punitive order.
Citations:
(1990-1991) 12 Cr App R (S) 262
Jurisdiction:
England and Wales
Cited by:
Cited – Clarke v Regina CACD 12-Jun-2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: . .
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 09 November 2022; Ref: scu.375148
