||All England Reporter
|| All ER (D) 295 (Jul)
|| EWCA Crim 1857
||Court of Appeal, Criminal Division
Dyson LJ, Silber J and Judge Goddard QC
||Ben Emmerson QC and Tahir Khan (instructed by John Kelly & Co) for the defendant.
||Nicholas Campbell QC and Jonathan Gibson (instructed by the Crown Prosecution Service) for the Crown.
||19 July 2002
Sentencing - Young offender - Offender attaining age of 18 between conviction and sentence - Judge sentencing offender to period of detention exceeding maximum penalty that could have been imposed at time offence committed - Whether sentence wrong in principle.
In a case in which a defendant crossed a relevant age threshold between the date of the commission of an offence and the date of conviction, the starting point was the sentence that the defendant would have been likely to receive if he had been sentenced at the date of the commission of the offence. The starting point was not the maximum sentence that could lawfully be imposed, but the sentence that the defendant would have been likely to receive. Whilst that starting point was not determinative, and a number of other factors had to be considered, there had to be good reasons for departing from it.
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