||All England Reporter
|| All ER (D) 258 (Jan)
||Court of Appeal, Criminal Division
Davis and David Clarke JJ
||Brian Russell (assigned by the Registrar of Criminal Appeals) for the defendant.
||Anthony Rose (instructed by the Crown Prosecution Service) for the Crown.
||30 January 2008
Sentence - Imprisonment - Consecutive sentence - Burglary - Failing to surrender - Breaching anti-social behaviour order - Judge imposing sentence of imprisonment to run consecutively to period remaining on sentence for previous offences.
The appeal against sentence would be allowed in a case in which the judge had ordered a sentence of 17 months' detention in a young offender institution to run consecutively to a period of recall for previous sentence. In the instant case, the judge and counsel in the case had overlooked of the Criminal Justice Act 2003 Act and his order was unlawful. Accordingly, the order would be quashed and the sentence of 17 months' detention in a young offender institution would be ordered to run from the date on which it had been imposed.
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