| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 140 (Aug) |
| Neutral Citation: | [2004] EWCA Crim 1560 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Morland and Bell JJ |
| Representation | Matthew Bean (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 10 June 2004 |
Catchwords
Sentencing - Deportation - Recommendation for deportation - Recommendation quashed.
The Case
Where evidence had not been laid before the sentencing judge within 28 days of a sentence being passed as a result of an error by the defendant's solicitors, the defendant's appeal against a recommendation for deportation would be allowed, and the recommendation would be quashed. Had the judge been given the material within the 28-day period, he probably would have stepped back from making a recommendation for deportation.
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