||All England Reporter
|| All ER (D) 223 (May)
||Court of Appeal, Criminal Division
David Clarke and McDuff JJ
||James Hanlon (assigned by the Registrar of Criminal Appeals) for the defendant.
||Bo-Eun Jung (instructed by the Crown Prosecution Service) for the Crown.
||16 May 2008
Sentence - Imprisonment - Theft - Going equipped for theft - Breach of community order - Length of sentence - Two years' imprisonment - Whether sentence manifestly excessive.
The defendant's appeal against a sentence of two years' imprisonment imposed following pleas of guilty of, inter alia, three counts of theft, would be allowed. In the instant case, the defendant had been entitled to credit for his guilty pleas and there was nothing in the judge's sentencing remarks to indicate that he had taken them into account. The judge's failure to have regard to the early pleas, the defendant's frankness in interview, and his partial compliance with a community order previously imposed, led to a conclusion that a sentence of 18 months' imprisonment, rather than the two years' imprisonment which had been imposed, was appropriate. Accordingly, the sentence of two years' imprisonment would be quashed and substituted by a sentence of 18 months' imprisonment, to run concurrently.
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