Source: All England Reporter
Publisher Citation: [2002] All ER (D) 126 (Oct)
Court: Divisional Court

Latham LJ and McCombe J

Representation Sarah Regan (instructed by the Crown Prosecution Service) for the Director of Public Prosecutions.
  Mark Ashley (instructed by Richard Griffiths & Co, Salisbury) for the interested party.
Judgment Dates: 10 October 2002


Sentence - Magistrates' Court - Discretion - Justices imposing compensation order for burglary of dwelling house at night - Whether decision perverse

The Case

Although justices had taken a most unusual course in imposing a compensation order for a dwelling house burglary where the defendant before them had a long list of previous convictions for such offences, their decision was not perverse in the special circumstances of the case, where the defendant had confessed to the crime before its discovery, it had been some two and half years since he was released from prison for his previous offence and they had found that he had put his former behaviour behind him.

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