||All England Reporter
|| All ER (D) 214 (Jul)
|| EWCA Crim 1432
||Court of Appeal, Criminal Division
Thomas LJ, Rafferty J and Judge Loraine-Smith
||C Baker (assigned by the Registrar of Criminal Appeals) for the first defendant.
||A Davis (assigned by the Registrar of Criminal Appeals) for the second defendant.
||16 June 2008
Sentence - Appeal - Authorities - Defendant relying on non-counsel application - Whether providing assistance.
Sentence Appeal. In dismissing the defendants' appeals against sentence, the court held that it had not been assisted, nor should have the sentencing judge been, by reference to a case from the Court of Appeal whose origin was in a non-counsel application. Not only was it not a guideline case, but it was not one in which the full court had enjoyed the benefit of counsels' addresses. There were no circumstances that could be conceived in which the court would be assisted by reference to such an authority. In all the circumstances, the sentencing judge had dealt properly with both defendants. There was no reason to interfere with the terms imposed.
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