(Trinidad and Tobago) The appellant had been a policeman. He had been sentenced for a brutal rape of a female who had come to the station. His sentence of 25 years was increased at the Court of Appeal to 30 years. He appealed the increase in sentence.
Held: The appeal was granted. The court had said that the leave to appeal against sentence was refused. In that context it had not taken any of the steps set down in the statute which were a pre-requisite for increasing a sentence on appeal: ‘an appellate court which has power to increase a sentence and is considering the exercise of that power should invariably give the applicant for leave to appeal against sentence or his counsel an indication to that effect and an opportunity to address the court on the increase or to ask for leave to withdraw the application.’
Citations:
[2005] UKPC 11
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Manchester Crown Court, ex parte Welby 1981
Increase of sentence on appeal. . .
Cited – Marcelle Skeete v The State PC 24-Nov-2003
PC (Trinidad and Tobago) Practice for appellate court considering increase of sentence. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 December 2022; Ref: scu.224732