||All England Reporter
|| All ER (D) 367 (Nov)
|| EWCA Crim 2249
||Court of Appeal, Criminal Division
Richards LJ and Collins J
||Phillip Boyd (assigned by the Registrar of Criminal Appeals) for the defendant.
||31 August 2007
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.
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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