Source: All England Reporter
Publisher Citation: [2005] All ER (D) 279 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Field J and Judge Radford QC
Representation Katie Fox (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 18 February 2005

Catchwords

Sentencing - Theft - Shoplifting - Custodial sentence - Duration of sentence manifestly excessive - Anti-social behaviour order - Order wrong in principle.

The Case

Having regard to guideline principles, concurrent sentences of 12months' imprisonment had been manifestly excessive where the 30-year-defendant (who had a previous conviction for, inter alia, shoplifting) had pleaded guilty to two offences of theft by shoplifting. The appropriate sentence was one of six months' imprisonment. Further, a two-year anti-social behaviour order prohibiting the defendant from entering a large number of shops in the relevant area, purportedly suspended until the completion of the defendant's period in custody, had been too wide in its terms and would be quashed.

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