| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 01 (Dec) |
| Neutral Citation: | [2007] EWCA Crim 2365 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Hooper LJ, Gray and Wilkie JJ |
| Representation | Ruth Ball (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 25 September 2007 |
Catchwords
Sentence - Imprisonment - Length of sentence - Affray - Whether sentence manifestly excessive.
The Case
Where the defendant, who had pleaded guilty to one count of affray, appealed against a sentence of six months' imprisonment, the appeal would be allowed. Public confrontations of the kind which had taken place in the instant case were a cause for real concern. On that account, the custody threshold had been crossed in the instant case. However, a significantly shorter sentence than the one passed by the judge would have been sufficient for someone who, like the defendant, had many sterling qualities. The sentence would be quashed and replaced with one of six weeks' imprisonment.
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