Source: All England Reporter
Publisher Citation: [2002] All ER (D) 175 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Hallett J and Judge Fawcus
Representation Dee Connolly (assigned by the Registrar of Criminal Appeals) for SH.
  Christopher Cousins (assigned by the Registrar of Criminal Appeals) for JH.
  Geoffrey Porter (assigned by the Registrar of Criminal Appeals) for DH.
  Juliann Manson (assigned by the Registrar of Criminal Appeals) for C.
  Robert Ward (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 14 February 2002

Catchwords

Sentencing - Retroactive operation of sentencing powers - Conspiracy - When conspiracy complete for sentencing purposes.

The Case

When considering the retroactive operation of sentencing powers in relation to a conspiracy, a strict, narrow and certain view as to when the offence is complete should be applied and not a more extensive and flexible construction. On this view, a conspiracy is complete when the agreement is made and the extent of sentencing powers should not in any event depend on potentially complex questions of fact as to when conspirators performed acts implementing the conspiracy.

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