| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 35 (Nov) |
| Neutral Citation: | [2007] EWCA Crim 2170 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Toulson LJ, Davis and Underhill JJ |
| Representation | Anthony Heaton-Armstrong (assigned by the Registration of Criminal Appeals) for teh defendant. |
| Judgment Dates: | 5 September 2007 |
Catchwords
Sentence - Suspended sentence - Conditions for imposing suspended sentence - Defendant pleading guilty to two counts of possessing identity document with intent - Judge imposing sentence of six months' imprisonment - Judge feeling unable to suspend sentence - Whether judge erring - s 25(5).
The Case
While there was no absolute embargo on a judge suspending a sentence for an offence of possession of an identity card with intent, contrary to s25(5) of the nor was there any statutory requirement for there to have been exceptional circumstances, once it was recognised that ordinarily the appropriate sentence for an offence of that kind involved immediate custody, there had to have been some good reason for a judge to depart from the norm in a particular case for simple reasons of consistency.
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