Source: All England Reporter
Publisher Citation: [2010] All ER (D) 20 (Mar)
Neutral Citation: [2010] EWHC 564 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Laws LJ and McCombe J (Judgment delivered extempore)

Representation Caroline Bray (instructed by M&M Solicitors, Leicester) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 2 March 2010

Catchwords

Crown Court - Practice - Judge - Claimant convicted and sentenced for offences at youth court - Claimant appealing and at appeal hearing once facts stated judge conferring with justices and stating preliminary view that sentence lenient - Judge and justices refusing appeal and altering existing sentence - Whether judge acting unlawfully in giving indication.

The Case

Crown Court Practice. The Divisional Court allowed the claimant's application for judicial review of the Crown Court judge's decision to dismiss an appeal against a sentence passed by the youth court and to increase his sentence on the ground that the actions of the judge and justices during the course of the proceedings had been highly unsatisfactory.

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