||All England Reporter
|| All ER (D) 224 (Jun)
||Court of Appeal, Criminal Division
Pill LJ, Ouseley and Davis JJ
||Paul Evans (assigned by the Registrar of Criminal Appeals) for the first defendant.
||Patricia Lloyd (assigned by the Registrar of Criminal Appeals) for the second defendant.
||21 June 2005
Sentencing - Sentencing procedure - Findings of fact made by trial judges - Approach.
Where a judge sentenced a defendant on a disputed factual basis, he or she ought to give the defence the opportunity to deal with the matter. Further, it was incumbent on the judge to spell out why any particular conclusions had been reached. However, inevitably, the judge, who had heard the evidence, was in a far better position than an appellate court to reach a conclusion on an important factual basis and, in such circumstances, the Court of Appeal would be very slow to interfere with factual findings.
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