| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 349 (Jul) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Potter LJ, Gibbs J and Sir Michael Wright |
| Representation | Revantha Amarasinha (assigned by the Registar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 20 July 2004 |
Catchwords
Sentencing - Deportation - Recommendation for deportation - Judge giving peremptory reasons for making order - Appropriateness of order.
The Case
In the circumstances of the instant case, where the defendant had pleaded guilty to two offences of possessing ClassA drugs with intent to supply and possession of a false instrument, although the judge had given only peremptory reasons for making a recommendation for deportation such that it was unclear whether he had performed the requisite balancing exercise, all the factors in the case had mitigated towards making such an order.
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