Source: All England Reporter
Publisher Citation: [2007] All ER (D) 314 (Mar)
Neutral Citation: [2006] EWCA Crim 2407
Court: Court of Appeal, Criminal Division
Judge:

Rix LJ, Dobbs J and Sir Charles Mantell

Representation Ajmalul Hossain (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 5 October 2006

Catchwords

Sentence - Imprisonment - Length of sentence - Cruelty to a child - Defendant having no intention of harming child - Defendant being sentenced to two years' imprisonment - Whether sentence manifestly excessive.

The Case

Sentence Imprisonment. In a case of a defendant who was convicted of cruelty to a child and sentenced to two years' imprisonment, given that he had never had any intention of harming the child, a sentence of 12 months' imprisonment would do justice to the instant case. Accordingly, the sentence of two years' imprisonment would be quashed and reduced to a sentence of 12 months' imprisonment. The time which the defendant had spent in custody on remand would count towards the sentence.

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