||All England Reporter
|| All ER (D) 43 (Oct)
||Court of Appeal, Criminal Division
Pitchers and Treacey JJ
||Julie-Anne Kincade (assigned by the Registrar of Criminal Appeals) for the defendant.
||4 October 2002
Sentencing - Driving whilst disqualified - Breach of licence - Defendant ordered to return to custody to serve remaining portion of unexpired term of licence - Whether sentence manifestly excessive in totality.
When deciding what balance of an unexpired licence term should be served by a defendant who had re-offended in breach of licence, a court first had to consider the appropriate sentence for the new offence having regard to its merits but without any regard to the order for return. It should then be decided whether, and for what period, the defendant should be returned to custody in respect of the breach of licence.
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