Source: All England Reporter
Publisher Citation: [2003] All ER (D) 305 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Kennedy LJ, Douglas Brown and Hallett JJ
Representation Gareth Branston (instructed by Martin Murray & Associates) for the offender.
  Edward Brown (instructed by Treasury Solicitor) for the Attorney General.
Judgment Dates: 20 December 2002

Catchwords

Sentencing - Young offender - Detention - Detention in young offender institution - Sentence of detention in young offender institution suspended for two years - Unlawful sentence - Powers of the Criminal Court (Sentencing) Act 2000, s 96.

The Case

A sentence of two years' imprisonment, suspended for a period of two years, imposed upon an 18-year-old offender who pleaded guilty to robbery, was ruled to be unlawful on a reference by the Attorney General to the Court of Appeal. A sentence of twenty months' detention in a young offender institution was substituted.

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