Source: All England Reporter
Publisher Citation: [2007] All ER (D) 370 (May)
Neutral Citation: [2007] EWCA Crim 29
Court: Court of Appeal, Criminal Division
Judge:

Rafferty and Williams JJ
Representation Jeffery Samuels (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 18 January 2007

Catchwords

Sentence - Imprisonment - Length of sentence - Burglary - Five offences being committed before 4 April 2005 - Judge's intention that defendant serve only one half of that sentence and not be subject to licence provisions of the for offences committed before 4 April 2005 - Prison service unable to give effect to judge's intentions - Whether sentence excessive.

The Case

Sentence Imprisonment. The defendant's five year concurrent sentences passed in respect of four offences committed before 4 April 2005 and another count on a separate indictment also committed before 4 April 2005 were substituted for sentences of three years and nine months' imprisonment in order to give effect to the judge's intention that the defendant should only serve one half of that sentence and not be subject to the more stringent licence provisions of the .

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