Source: All England Reporter
Publisher Citation: [2013] All ER (D) 105 (Jul)
Neutral Citation: [2013] EWCA Crim 1159
Court: Court of Appeal, Criminal Division
Judge:

Keith J and the Recorder of Birmingham

Representation Fayza Benlamkadem (assigned by the Registrar of Criminal Appeal) for the defendant.
Judgment Dates: 14 June 2013

Catchwords

Sentence - Suspended sentence - Period to be activated - Theft - Defendant being sentenced in respect of theft offences - Defendant appealing against sentence on basis judge erring in period activated - Whether sentence manifestly excessive.

The Case

Sentence Suspended sentence. The defendant was a professed bicycle thief. He appealed against sentences imposed by a judge on the basis of an alleged error made by the sentencing judge in activating a suspended sentence. In dismissing the appeal, the Court of Appeal, Criminal Division, held that, on the facts, the judge had always had in mind activating half of the suspended sentence and a simple correction of the court record could remedy an error in respect of the period of the suspended sentence to be activated.

Practice Areas

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