Source: All England Reporter
Publisher Citation: [2002] All ER (D) 43 (Oct)
Court: Court of Appeal, Criminal Division
Judge:

Pitchers and Treacey JJ

Representation Julie-Anne Kincade (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 4 October 2002

Catchwords

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.

The Case

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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