||All England Reporter
|| All ER (D) 389 (Nov)
||Court of Appeal, Criminal Division
Scott Baker LJ, Gross J and the Recorder of Cardiff
||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.
||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.
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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