| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 337 (May) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Kay LJ, Andrew Smith J and Judge Colston QC |
| Representation | Alan Fraser (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 22 May 2002 |
Catchwords
Sentencing - Robbery - Breach of licence - Custodial sentence - Consecutive sentences - Judge failing to invoke statutory provision to impose return for breach of licence - Whether sentence unlawful - (Sentencing) Act 2000, s 116.
The Case
The judge's order that a defendant serve a sentence of six years' imprisonment for an offence of robbery to run consecutively to the unexpired period of his licence was made without statutory authority because the judge failed to invoke the relevant statutory provisions, pursuant to s116 of the .
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