| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 334 (Oct) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | May LJ, David Clarke and Teare JJ |
| Representation | Jacqueline Vallejo (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Adam Watkins (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 27 October 2006 |
Catchwords
Sentence - Young offender - Defendant attaining age of 18 between conviction and sentence - Judge sentencing defendant as 18-year-old - Whether sentence wrong in principle.
The Case
Where a defendant had crossed a relevant age threshold between the commission of an offence and conviction, the starting point was the sentence the defendant would have been likely to receive if he had been sentenced at the time of the commission of the offence. The starting point was not the maximum sentence that could lawfully be imposed, but the sentence that the defendant would have been likely to receive. There had to be good reasons for departing from that starting point.
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