| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 104 (Nov) |
| Neutral Citation: | [2007] EWCA Crim 2245 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Maurice Kay LJ, Jack and Simon JJ |
| Representation | Sarah Jones (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 13 September 2007 |
Catchwords
Sentence - Imprisonment - Length of sentence - Defendant pleading guilty to count of affray - Court imposing extended sentence of three years' imprisonment with custodial term of two years - Whether sentence manifestly excessive.
The Case
In the instant case, where the defendant had been sentenced, inter alia, to an extended sentence of three years' imprisonment, comprising a custodial term of two years having pleaded guilty to a count of affray, that sentence was held to be manifestly excessive on the basis that it represented the maximum sentence permissible having taken his plea of guilty into account. While the offence had been serious, it was not the most serious case of affray that could be hypothesised. Accordingly, the custodial term of two years would be substituted with one of 18 months.
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