||All England Reporter
|| All ER (D) 61 (Jul)
Rose LJ and Gibbs J
||Shiraz Rustom (instructed by Cremin Small & Co) for the defendant.
||Adam Gersch (instructed by the Crown Prosecution Service) for the prosecution.
||4 July 2002
Sentencing - Theft - Custodial sentence - Breach of trust - Defendant using position as employee to obtain cash and goods - Justices committing defendant to Crown Court for sentence - Crown Court sentencing defendant to four weeks' detention in a young offender institution - Whether sentence so outside broad area of Crown Court's sentencing discretion as to amount to excess of jurisdiction.
A sentence of one month's detention in a young offender institution imposed by the Crown Court on a defendant committed for sentence by justices, he having pleaded guilty to offences of theft and false accounting involving a total sum of under 220, was so far outside the Crown Court's sentencing discretion as to demonstrate an excess of jurisdiction.
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