Source: All England Reporter
Publisher Citation: [2002] All ER (D) 03 (Oct)
Court: Court of Appeal, Criminal Division

Pitchford J and Judge Fabyan Evans

Representation Noel Casey (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 1 October 2002


Sentencing - Breach of community rehabilitation order - Discount for period spent on remand - Judge stating that discount given for period served prior to imposing order and since arrest for breach - Whether judge erring in sentencing approach - s 67.

The Case

The judge had erred in his sentencing approach in the circumstances because he was under the mistaken impression that time that the defendant spent on remand would be taken into account in the period that the defendant actually served.

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