Source: All England Reporter
Publisher Citation: [2006] All ER (D) 40 (Apr)
Court: Queen's Bench Division (Divisional Court)
Judge:

Maurice Kay LJ and Tugendhat J

Representation Brian Moorhouse (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 5 April 2006

Catchwords

Magistrates - Committal for sentence - Offence triable summarily or on indictment - Possession of class A and class C drugs by serving prisoner - Whether defendant ought to be committed to Crown Court for sentence.

The Case

In deciding to retain jurisdiction to sentence the defendant for possession of a class A drug when he was a serving prisoner, the justices had to have misunderstood the appropriate range of sentences approved by the Court of Appeal in such cases. Accordingly, the decision of the justices would be quashed and the matter remitted with a direction that they commit the defendant to the Crown Court for sentence.

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