Source: All England Reporter
Publisher Citation: [2007] All ER (D) 182 (Aug)
Neutral Citation: [2007] EWCA Crim 1616
Court: Court of Appeal, Criminal Division
Judge:

Toulson LJ, Butterfield J and Judge Wadsworth QC

Representation Tyrone Silcott (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 20 June 2007

Catchwords

Sentence - Custodial sentence - Length of sentence - Obtaining property by deception - Defendant pleading guilty to offences arising from fraud on employer - Defendant being sentenced to 14 months' detention - Whether sentence manifestly excessive.

The Case

Sentence Custodial sentence. In the instant case, where the defendant had been sentenced to 14 months' detention in a young offender institution following his guilty plea to offences arising out of frauds committed on his employer, it was held that, in the light of the guideline cases, the trial judge had selected too high a starting point and, in those circumstances, that the sentence of 14 months' detention was manifestly excessive. Accordingly, the sentence would be quashed and one of six months' detention would be substituted.

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