Source: All England Reporter
Publisher Citation: [2012] All ER (D) 148 (Oct)
Neutral Citation: [2012] EWCA Crim 1939
Court: Court of Appeal, Criminal Division

Irwin and Davies JJ

Representation Patrick Mason (assigned by the Registrar of Criminal Appeals) for the defendant.
  Leslie Chinweze (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 August 2012


Sentence - Imprisonment - Length of sentence - Defendant pleading guilty to theft - In consequence, defendant being in breach of suspended sentence order (breach) - Following committal, defendant being sentenced by judge in Crown Court to nine months' imprisonment in respect of theft and six months' imprisonment in respect of breach - Defendant appealing against sentence - Whether sentence manifestly excessive - Registrar referring application for leave to appeal due to technical problem - and .

The Case

Sentence Imprisonment. The Court of Appeal, Criminal Division, in allowing the defendant's appeal against a sentence of nine months' imprisonment in respect of a theft offence and to six months' imprisonment in respect of the breach of a suspended sentence order for offences of burglary and possession of a class A drug by virtue of the theft offence, held that the powers of the Crown Court had been limited to those of the magistrates and that the judge had been acting beyond the powers he had.

Practice Areas

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