Source: All England Reporter
Publisher Citation: [2008] All ER (D) 214 (Jul)
Neutral Citation: [2008] EWCA Crim 1432
Court: Court of Appeal, Criminal Division

Thomas LJ, Rafferty J and Judge Loraine-Smith

Representation C Baker (assigned by the Registrar of Criminal Appeals) for the first defendant.
  A Davis (assigned by the Registrar of Criminal Appeals) for the second defendant.
Judgment Dates: 16 June 2008


Sentence - Appeal - Authorities - Defendant relying on non-counsel application - Whether providing assistance.

The Case

Sentence Appeal. In dismissing the defendants' appeals against sentence, the court held that it had not been assisted, nor should have the sentencing judge been, by reference to a case from the Court of Appeal whose origin was in a non-counsel application. Not only was it not a guideline case, but it was not one in which the full court had enjoyed the benefit of counsels' addresses. There were no circumstances that could be conceived in which the court would be assisted by reference to such an authority. In all the circumstances, the sentencing judge had dealt properly with both defendants. There was no reason to interfere with the terms imposed.

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