Source: All England Reporter
Publisher Citation: [2005] All ER (D) 389 (Nov)
Court: Court of Appeal, Criminal Division

Scott Baker LJ, Gross J and the Recorder of Cardiff

Representation Richard Boateng, solicitor advocate (assigned by the Registrar of Criminal Appeals) for the defendant.
  Sally Fudge (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 29 November 2005


Sentence - Custodial sentence - Reasons for imposing custodial sentence - Whether judge raising legitimate expectation that community penalty would be imposed - Whether proper for court to reduce custodial sentence imposed on ground of legitimate expectation.

The Case

In the instant case, the judge, by stating that the defendant was likely to receive a community punishment order for one matter of dangerous driving, if the probation service recommended such a course, the defendant had had a reasonable expectation that a custodial sentence would not be imposed. Accordingly, whilst the custodial threshold had been passed, the defendant's mitigation could have justified the imposition of a community penalty. The sentence of four months' imprisonment would be quashed and a period of two months substituted.

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