Source: All England Reporter
Publisher Citation: [2014] All ER (D) 290 (Mar)
Neutral Citation: [2014] EWCA Crim 546
Court: Court of Appeal, Criminal Division
Judge:

Lord Justice McCombe, Mr Justice Spencer and Sir David Maddison

Representation Kevin Hopper, solicitor advocate of Phoenix Solicitors & Advocates Ltd for the defendant.
  Rebekah Hummerstone (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 March 2014

Catchwords

Sentence - Imprisonment - Length of sentence - Committal - Criminal damage - Malicious communication - Possessing offensive weapon - Defendant and co-defendant developing interest in ideology of Norwegian mass murderer - Defendant indicating plea before magistrates' court - Magistrates' court purporting to send offence to Crown Court of trial - Defendant being sentenced to total 33 months' imprisonment for offences - Whether indictiment being properly proferred - Whether sentence unlawful - Whether sentence manaifestly excessive - Magistrates' Court Act 1980, s 17A.

The Case

Sentence Imprisonment. The defendant, along with his co-accused, developed an interest in the ideology of a Norwegian mass murderer, Anders Breivik. He was sentenced to a total of 33 months' detention for offences including possessing an offensive weapon, one of which the magistrates' court had purported to send to the Crown Court for trial, under s51(3) of the . The Court of Appeal, Criminal Division, allowing the appeal in part, reduced the sentence to 19 months' detention where an indictment on that charge had not been properly preferred and where there had been no arraignment. The defendant had not been convicted of the offence and the sentence passed had to be quashed.

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