Source: All England Reporter
Publisher Citation: [2007] All ER (D) 367 (Nov)
Neutral Citation: [2007] EWCA Crim 2249
Court: Court of Appeal, Criminal Division
Judge:

Richards LJ and Collins J
Representation Phillip Boyd (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 31 August 2007

Catchwords

Sentence - Imprisonment - Length of sentence - Burglary - Attempted burglary - Defendant having previous convictions for burglary - Defendant falling to be sentenced under statutory minimum term - Judge imposing sentence of 876 days detention in young offender institution - Whether sentence manifestly excessive - Whether sentence wrong in principle.

The Case

SentenceImprisonment. In the instant case, a sentence of 876 days' detention in a young offender institution was neither manifestly excessive nor wrong in principle, where the defendant had pleaded guilty to burglary and attempted burglary, and where the defendant's sentence was adjourned for a drugs assessment report which had indicated that there was a high risk of re-offending unless the defendant could address his drug use, in circumstances where that report had stated that the defendant had been suitable for treatment within the parameters of a suspended sentence with a drug rehabilitation requirement. The judge who had sentenced the defendant was plainly free to impose a custodial sentence rather than a community sentence if he had thought it to have been the appropriate course.

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