||All England Reporter
|| All ER (D) 183 (Feb)
||Court of Appeal, Criminal Division
Hooper LJ, Openshaw and Macur JJ (judgment delivered extempore)
||Eugene Hickey (instructed by Stevens Solicitors) for the offender.
||Crispin Aylett QC (instructed by the Treasury Solicitor) for the Attorney General.
||16 February 2011
Sentence - Non-custodial sentence - Aggravating factors - Indecent assault - Defendant convicted of three counts of indecent assault - Judge imposing suspended sentence - Whether court, having found sentence unduly lenient, could take account of material adverse to offender in deciding appropriate sentence - s 36.
Sentence Non-custodial sentence. On a point, not previously resolved, the Court of Appeal, Criminal Division, held on a reference by the Attorney General, that the court, having found a sentence to be unduly lenient, did have the power to take into account matters adverse to the offender when deciding the appropriate sentence. A suspended sentence imposed on an offender for three counts of indecent assault was quashed and substituted by a sentence of four years' imprisonment.
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