Source: All England Reporter
Publisher Citation: [2002] All ER (D) 487 (Oct)
Neutral Citation: [2002] EWCA Crim 2484
Court: Court of Appeal, Criminal Division

Judge LJ and Mackay J

Representation Philip Standfast (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 18 October 2002


Sentencing - Custodial sentence - Sentence wrong in principle - Judge remarking that custodial sentence not appropriate - Judge imposing custodial sentence on defendant - Appropriate sentence.

The Case

In the instant case, the judge having earlier indicated that the defendant would not be going to prison following an offence of dangerous driving, it had been wrong in principle to have sentenced the defendant to nine months' imprisonment and that sentence would be quashed and substituted by a conditional discharge.

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