Source: All England Reporter
Publisher Citation: [2005] All ER (D) 117 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Holland and Crane JJ
Representation Rupert Hallowes (assigned by the Registrar of Criminal Appeals) for the defendant.
  Michael Spong, solicitor advocate (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 11 July 2005

Catchwords

Sentence - Principles of sentencing - Licence period - New legislative provision making licence period run to end of sentence - Whether judge required to make adjustment to sentence to take new provision into account - , s 249.

The Case

A judge was not entitled to impose a deterrent sentence based on his own knowledge of the prevalence of offences in the local area, particularly when a sentence was imposed for an offence to which guidelines applied and set sentencing brackets on a national level. For a deterrent sentence to be imposed, the judge had to have been provided with evidence from an external source of statistics relating to the prevalence of the offence in question in the local area as compared to the prevalence of the offence nationally.

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