Source: All England Reporter
Publisher Citation: [2006] All ER (D) 17 (Jul)
Neutral Citation: [2006] EWCA Crim 945
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Leveson and Fulford JJ
Representation Hugh Vass (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 10 April 2006

Catchwords

Sentence - Custodial sentence - Seriousness of offence - Robbery - Sentence not expressing recorder's intention of imposing short-term sentence - Whether sentence expressing recorder's intention sufficient.

The Case

The defendant's sentence of 3 years and 11 months for robbery failed to reflect the sentencing judge's intention to impose a sentence of less than four years, enabling the defendant to be released after serving half of the sentence, where the defendant was also ordered to serve 121 days of an unexpired licence period before serving the instant sentence. In the circumstances of the instant case, the sentence which reflected the recorder's intention would have led to a term which was commensurate, albeit perhaps somewhat lenient. The sentence for robbery would be reduced to one of three years and seven months, leaving in place the order that the term of 121 days for breach of licence be served first.

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