Source: All England Reporter
Publisher Citation: [2007] All ER (D) 28 (Feb)
Neutral Citation: [2006] EWCA Crim 2283
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, Davis and Tugendhat JJ

Representation Stephen Richards (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 19 September 2006

Catchwords

Sentence - Imprisonment - Length of sentence - Escape - Parties proceeding on basis any sentence imposed would entitle defendant to release having serve half of the term imposed - Length of sentence imposed rendering defendant long-term prisoner - Whether sentence ought to be reduced.

The Case

Although, taken on its own, there could be no criticism of the defendant's sentence of nine months' imprisonment for escape, that sentence was quashed and a term of six months' imprisonment substituted for it in order to cause the defendant to become a short-term prisoner and achieve what had been intended and understood by everyone concerned at the Crown Court at the date of sentence.

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