Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Aug)
Neutral Citation: [2002] EWCA Crim 2060
Court: Court of Appeal, Criminal Division

Rix LJ, Field J and the Recorder of Bristol

Representation John Lofthouse (assigned by the Registrar of Criminal Appeals) for the appellant.
Judgment Dates: 30 July 2002


Sentencing - Custodial sentence - Burglary - Defendant sentenced to three and a half years' imprisonment for offences of burglary, theft and attempted burglary - Defendant having history of heroin addiction - Defendant assessed as suitable for Drug Treatment and Testing Order - Whether judge erring in imposing custodial sentence - Whether judge placing undue emphasis on scale of offending.

The Case

It would often be the case that a candidate for a Drug Treatment and Testing Order had been guilty of acquisitive offending on a significant scale to fund his drug addiction. DTTO's provided a chance for an offender to break his addiction and therefore cease offending. A sentencing judge had to be careful not to give disproportionate weight to the scale of offending, and thereby diminish the usefulness, both to the offender and the community, of a DTTO.

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