| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 128 (Apr) |
| Neutral Citation: | [2006] EWCA Crim 2612 |
| Court: | Court of Appeal, Criminal division |
| Judge: | Rix LJ, Dobbs J and Sir Charles Mantell |
| Representation | Alexander Stein (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Timothy Harrington (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 9 October 2006 |
Catchwords
Sentence - Imprisonment - Length of sentence - Extended sentence - Indecent assault - Indecency with a child - Whether sentences unlawful.
The Case
The appeal would be allowed in the case of a defendant who had pleaded guilty to various counts of indecent assault and to two counts of indecency with a child (counts six and eight), and where the judge had imposed sentences which had exceeded the statutory maximum and had unlawfully imposed an extended sentence of four years. The sentences on counts six and eight were unlawful and would be quashed and substituted by sentences of one year and nine months' imprisonment, to run concurrently, to reflect the statutory minimum of two years' imprisonment and the guilty pleas. The period of four years extended on licence was also unlawful and would be quashed.
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