Source: All England Reporter
Publisher Citation: [2007] All ER (D) 22 (Aug)
Neutral Citation: [2007] EWCA Crim 1450
Court: Court of Appeal, Criminal Division

Burton and Flaux JJ

Representation Barnaby Shaw (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 8 June 2007


Sentence - Imprisonment - Length of sentence - Burglary - Whether sentence manifestly excessive in light of disparity with that of co-accused.

The Case

Sentence Imprisonment. Where the defendant, who had pleaded guilty to a count of burglary, with one other offence being taken into consideration, appealed against a sentence of 18 months' imprisonment on the basis of disparity with the sentence of the co-defendant, who received a suspended sentence of 51 weeks' imprisonment, the appeal was allowed. The difference between the defendant and the co-defendant was too much for right-thinking members of the public to stomach in terms of assessing the justifiability of the disparity. In those circumstances, the instant case was one where, on the grounds of disparity alone, the court could and should interfere.

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