| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 238 (Jan) |
| Neutral Citation: | [2004] EWCA Crim 2705 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Mance LJ, Newman and Fulford JJ |
| Representation | Keith Thomas (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 7 October 2004 |
Catchwords
Sentencing - Sentencing principles - Review of sentence - Death of sentencing judge - Review of sentence by judge other than sentencing judge - Validity of review - (Sentencing) Act 2000, s 155(4).
The Case
Having regard to s155(4) of the it was plain that there was no power for a judge, other than the sentencing judge, to review the sentence imposed. Where judges, recorders, or others died, the only way of rectifying what might be an unlawful sentence, or any other matter for which a review might be sought, was for that matter to come before Court of Appeal. Furthermore, in the instant case, there was no need for an anti-social behaviour order in addition to the term of imprisonment imposed in relation to a number of offences concerning motor vehicles since the public interest would be adequately protected by licence conditions.
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