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These cases are from the lawindexpro database. They are now being published to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  



Criminal Sentencing - From: 1997 To: 1997

This page lists 93 cases, and was prepared on 28 October 2014.

Attorney-General's Reference No 32 of 1996, Regina -v- Whittaker; CACD 1997
Attorney General's Reference No 4 of 1996 (Robinson); CACD 1997
Elliott (No 2) -v- HM Advocate; 1997
 
Attorney-General's Reference No 3 of 1996 1-Jan-1997 Unreported
1997
CACD
Criminal Sentencing 1 Citers
Regina -v- Kherbouche; CACD 2-Jan-1997
 
Green and Others, Regina -v- [1997] EWCA Crim 80
16 Jan 1997
CACD
Judge LJ, Mantell J
Criminal Sentencing
Public Order Act 1986 2(1)
[ Bailii ]
 
Regina -v- Bush, L [1997] EWCA Crim 202; [2006] 2 Cr App R (S) 283
27 Jan 1997
CACD
Criminal Sentencing
Regina -v- Hartnett; Attorney-General's Reference (No 60 of 1996); CACD 27-Jan-1997
 
Regina -v- Shaw (G); Attorney General'S Reference (1996 No 28) Times, 27 January 1997
27 Jan 1997
CACD
Criminal Sentencing
A sentence for rape is not to be reduced because the victim is a prostitute; her trauma is no less.
 
Regina -v- Dodds Times, 28 January 1997
28 Jan 1997
CACD
Criminal Sentencing
Sentence reduction for youth in very serious offence is limited or none at all.
 
Regina -v- Annette Collinge [1997] EWHC Admin 93
31 Jan 1997
Admn
Criminal Sentencing
Robbery, attempting to pervert the course of justice.
[ Bailii ]
 
Regina -v- Brown [1997] EWCA Crim 385
10 Feb 1997
CACD
Otton LJ, Butterfield J
Criminal Sentencing
The defendant appealed against a sentence of eight months imprisonment after pleading guilty to possession of a prohibited weapon.
[ Bailii ]
 
Regina -v- Matthew Garvey [1997] EWCA Crim 386
10 Feb 1997
CACD
Criminal Sentencing
Appeal against sentence - supplying a Class B drug, amphetamine, and possessing amphetamine with intent to supply.
[ Bailii ]
 
Regina -v- Steven John Anderson; Attorney General's Reference No 52 of 1996 [1997] EWCA Crim 394; [1997] 2 Cr App R(S) 230
10 Feb 1997
CACD
Rose LJ
Criminal Sentencing 1 Citers
Application by the Attorney General for leave to appeal against unduly lenient sentence. Held: A sentence of six years and more might be appropriate for offences in the domestic violence context, it having been argued in that case, unsuccessfully, that a domestic context in some way puts the case into a less serious category.
[ Bailii ]
Regina -v- Truro Crown Court ex parte Adair; Admn 12-Feb-1997
 
Regina -v- Brooks [1997] EWCA Crim 463
14 Feb 1997
CACD
Criminal Sentencing
The defendant appealed his total sentence of 32 months imprisonment following conviction for outraging public decency. He had stood naked from the waist down in a public place and been seen by children. Held: Though a sentence of imprisonment was appropriate, and the consecutive sentences were appropriate the total sentence was too long. The sentence for actual indecemcy with a child of the age involved would have been two years. An appropriate total in this case was twenty months.
[ Bailii ]
Regina -v- Coughtrey; CACD 19-Feb-1997
 
Regina -v- Secretary of State for Home Department ex parte Hepworth, Fenton-Palmer and Baldonzy and Regina -v- Parole Board ex parte Winfield [1997] EWHC Admin 324
25 Mar 1997
Admn
Laws J
Prisons, Criminal Sentencing 1 Cites
1 Citers
The applicants for judicial review had each been convicted and sentenced for sex offences. Each maintained his innocence, and now complained that that fact had prejudiced decisions as to early release on parole and as to their categorisation. Held: The court identified four issues (1) The Parole Board must assume the prisonerís guilt of the offence. (2) The Boardís first duty is to assess the risk to the public of re-offending (3) It is unlawful for the Board to deny a recommendation for parole on the ground only that the prisoner continues to deny his guilt. (4) In some cases, particularly of serious persistent violent or sexual crime, a continued denial of guilt will almost inevitably mean that the risk posed by the prisoner remains high. The Board is then entitled (perhaps obliged) to deny a recommendation. As to the cases of refusing re-categorisation, these touched on matters where a very clear case would have to be established before a review would be given. Review was denied.
Criminal Justice Act 1991 33(5) - Prison Rules 1964 3(1)
[ Bailii ]
 
Regina -v- Secretary of State for Home Department -v- Governor of Her Majesty's Prison Swalesdale ex parte France Louis Francois [1997] EWHC Admin 337
26 Mar 1997
Admn
Criminal Sentencing
[ Bailii ]
 
Regina -v- Coughtry Times, 01 April 1997
1 Apr 1997
CACD
Criminal Sentencing
Sentences for a jail break should be consecutive and equal to the term broken.
 
Regina -v- Ward; Regina -v- Howard, Regina -v- Hendry; Attorney General's Ref (14, 15, 16 of 1995) Times, 10 April 1997
10 Apr 1997
CACD
Criminal Sentencing
The creators of false markets in shares should expect imprisonment.
Regina -v- Adebayo; CACD 14-Apr-1997
 
Regina -v- Pitt Times, 06 May 1997
6 May 1997
CACD
Criminal Sentencing
Sentencing guidelines of ten to twelve years for knifing offences are correct where the offence had been denied.
Regina -v- Sehitoglu and others; CACD 7-May-1997
Regina -v- Secretary of State for the Home Department, Ex Parte Pierson; HL 21-May-1997
 
Regina -v- Mungroo Gazette, 25 June 1997; Times, 03 July 1997; [1997] EWCA Crim 1293
22 May 1997
CACD
Criminal Sentencing, Insolvency, Crime
A bankrupt fraudulently hiding assets from receiver can expect imprisonment even on a first offence. Two years upheld
Insolvency Act 1976 357(3)
[ Bailii ]
 
Regina -v- Secretary of State for Home Department and Parole Board ex parte Thomas N Hussey [1997] EWHC Admin 518
4 Jun 1997
Admn
Criminal Sentencing, Prisons
[ Bailii ]
 
Regina -v- Debbie Blaize Gazette, 25 June 1997; Times, 12 June 1997; [1997] EWCA Crim 1411
10 Jun 1997
CACD
Criminal Sentencing, Criminal Sentencing, Crime
A defendant is to be sentenced for her actual offence not for manner in which she conducted her defence. It was wrong to increase the sentence because it was felt that she had been 'playing the race card'.
[ Bailii ]
 
Regina -v- Debbie Blaize Gazette, 25 June 1997; Times, 12 June 1997; [1997] EWCA Crim 1411
10 Jun 1997
CACD
Criminal Sentencing, Criminal Sentencing, Crime
A defendant is to be sentenced for her actual offence not for manner in which she conducted her defence. It was wrong to increase the sentence because it was felt that she had been 'playing the race card'.
[ Bailii ]
Regina -v- Secretary of State For The Home Department, Ex Parte Venables, Regina -v- Secretary of State For The Home Department, Ex Parte Thompson; HL 12-Jun-1997
 
Regina -v- McGarry and John Robert White [1997] EWCA Crim 1471
17 Jun 1997
CACD
Criminal Sentencing
Appeals against sentences of eight years' imprisonment for importation of 300k of cannabis resin.
[ Bailii ]
 
Regina -v- Kemil Hadzic [1997] EWCA Crim 1468
17 Jun 1997
CACD
Criminal Sentencing 1 Citers
The Court upheld a sentence of 12 months' imprisonment imposed, following a plea of guilty, on a Bosnian national of good character, who used a passport with his own photograph, falsely inserted, in an attempt to travel to the United States, by which country he had been refused lawful entry.
[ Bailii ]
 
Regina -v- Mulkerrins and Sansom [1997] EWCA Crim 1497
20 Jun 1997
CACD
Criminal Sentencing 1 Cites
1 Citers
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately £125 million. Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had very high-ranking involvement. Mulkerrins was said to be the financier. He had certainly been heavily involved in both the purchase of the boat which was used for the importation and in visiting New Orleans to supervise its fitting out for the purpose. He had also been involved in changing huge sums of money at a foreign exchange shop, some £1.2 into Swiss Francs, to buy drugs. Sansom, the other appellant, was also heavily concerned; he was no doubt responsible for the distribution of the drugs at this end. They had received 30 years, which sentences were upheld.
[ Bailii ]
 
Regina -v- Smith (Leonard) Times, 26 June 1997; Gazette, 25 June 1997
25 Jun 1997
CACD
Criminal Sentencing
Judge sentencing stalker may use his own opinion of the continuing threat presented by the defendant after his release over and above a psychiatric report presented to the court.
Regina -v- Brewster and others; CACD 27-Jun-1997
 
Regina -v- Secretary of State for Home Department ex parte Furber Times, 11 July 1997; [1997] EWHC Admin 607; [1998] 1 All E R 23
30 Jun 1997
Admn
Simon Brown LJ
Criminal Sentencing 1 Citers
The court, not the Home Secretary should set the tariff for the detention of a young offender sentenced to life- half determinate sentence. The role of the Lord Chief Justice in relation to tariffs is that "The Lord Chief Justice in this context is acting not as an unreviewable judge of the High Court but rather as an adviser in an administrative process crystallizing in a reviewable ministerial decision."
Children and Young Persons Act 1933 53(2)
[ Bailii ]
 
Mansell -v- United Kingdom Unreported, 2 July 1997; 32072/96
2 Jul 1997
ECHR
Human Rights, Criminal Sentencing 1 Citers
The judge imposed a longer than commensurate sentence in an indecent assault case to protect the public. The applicant complained that he should have been entitled to a review of the lawfulness of his detention as he was in the same position as a discretionary life prisoner because his sentence contained a preventative part as well as a punitive part. Held: the application was manifestly unfounded. The A5(4) supervision is normally incorporated in the decision where a sentence of imprisonment is pronounced after conviction by a competent court. There was no question of the sentence being imposed because of the presence of factors which "were susceptible to change with the passage of time, namely mental instability and dangerousness". "Such an 'increased' sentence is, however, no more than the usual exercise by the sentencing court of its ordinary sentencing powers, even if the 'increase' has a statutory basis. In particular, nothing in the sentencing procedure indicates that the fixed term sentence of five years imprisonment was anything other than a sentence which was imposed as punishment for the offences committed."
 
Regina -v- Rigg Times, 04 July 1997
4 Jul 1997
CACD
Criminal Sentencing
Head-butting is to be taken as use of weapon for sentencing on unlawful wounding charge.
Offences Against the Person Act 1861 20
 
Regina -v- Nashat Shanti and Majdi Shanti [1997] EWCA Crim 1729
7 Jul 1997
CACD
Criminal Sentencing
The defendants had appealed their sentences for incitement to obtan property by deception. They now sought have withdrawal of their appeals treated as a nullity. Held: There was nothing to indicate that they had not been involved in instructing their solicitors to withdraw the appeals. Leave was refused.
[ Bailii ]
 
Regina -v- Gloucester Crown Court ex parte James Betteridge Times, 04 August 1997; [1997] EWHC Admin 654
9 Jul 1997
Admn
Criminal Sentencing
A Judge allowing a defendant to abandon his appeal against sentence, does not then have any continuing power to increase the sentence.
[ Bailii ]
Regina -v- Canavan, Kidd, Shaw; CACD 10-Jul-1997
Regina -v- Newell; CACD 14-Jul-1997
 
Regina -v- Thomas [1997] EWCA Crim 1824
14 Jul 1997
CACD
Crime, Criminal Sentencing
The defendant appealed his conviction and sentence for possession, and possession with intent to supply. He had been stopped on entering a night club. The first ground related to the apparent arrest of a defence witness at court, in such a manner as to prejudice the jury's view of his evidence. No evidence was before the appeal court on that point. The summing up was criticised as to the description of the intent required. That criticism was unfounded. The sentence of four years stood. He had been intending to sell ecstasy in a night club.
[ Bailii ]
 
Regina -v- Kehoe [1997] EWCA Crim 1826
14 Jul 1997
CACD
Criminal Sentencing, Contempt of Court
The defendant appealed a sentence of two months for contempt in the face of the court. When coming to court to give evidence on behalf of her partner in respect of allegations of sexual assault against his daughters, she had met the same daughters also attending as witnesses outside the court. She had called them 'scum,' and they had felt intimidated. She had admitted her offence and apologised. The sentence was appropriate, but the recorder had not known of her ill health, and on compassionate grounds her sentence was reduced to 28 days.
Administration of Justice Act 1960
[ Bailii ]
 
Regina -v- Campbell [1997] EWCA Crim 1822
14 Jul 1997
CACD
Criminal Sentencing
The court proceeded with an appeal against sentence notwithstanding that there was also pending an appeal against conviction. The defendant was convicted of issuing threats to kill against his estranged mother. He was convicted of two offences, and on the basis that he had produced a knife. One conviction had been set aside, and the evidence of the use of the knife was not now supported. A sentence of 30 months was substituted.
[ Bailii ]
 
Regina -v- Powell [1997] EWCA Crim 1828
14 Jul 1997
CACD
Criminal Sentencing, Road Traffic
The defendant had been convicted of other offences at the crown court. Traffic offences were also committed for sentence. The judge imposed a disqualification and penalty points. The section clearly required either a disqualification, or imposition of points. He had erred in doing both, and the penalty points were removed.
Road Traffic Offenders Act 1988 s44
[ Bailii ]
Regina -v- Cleaver; CACD 14-Jul-1997
 
Regina -v- Besant [1997] EWCA Crim 1827
14 Jul 1997
CACD
Criminal Sentencing
The defendant appealed a sentence of three years imprisonment for possession of explosives. He had tried to surrender the explosives at a police station. Further material was discovered. He had no previous convictions, and a disturbed background. The judges sentence was not to be criticised, but later evidence available to the appeal court suggested he could be released subject to conditions. Those accepted a sentence of three years probation was substituted.
[ Bailii ]
Regina -v- Crossman and Crossman; CACD 15-Jul-1997
Regina -v- Blake; CACD 15-Jul-1997
 
Regina -v- Burton-On-Trent Justices and Another, Ex Parte Smith Times, 15 July 1997
15 Jul 1997
QBD
Criminal Sentencing
Magistrates dealing with offences committed whilst on licence should either deal with all matters or remit to Crown court.
Criminal Justice Act 1991 40
Regina -v- Penman; CACD 15-Jul-1997
Regina -v- Williamson; CACD 15-Jul-1997
Regina -v- Hammond; CACD 15-Jul-1997
Regina -v- Taylor; CACD 15-Jul-1997
Regina -v- Hamilton; CACD 15-Jul-1997
 
Regina -v- Worthing Justices Ex Parte Varley Times, 21 July 1997
21 Jul 1997
QBD
Criminal Sentencing
Magistrates returning prisoner on licence to prison because of other offences did not impose further sentence by doing so.
Criminal Justice Act 1991 40 - Magistrates Courts Act 1980 133
 
Regina -v- Governor of Maidstone Prison Ex Parte Peries Times, 30 July 1997
30 Jul 1997
QBD
Criminal Sentencing
Prisoner is not entitled to see documents justifying change in security classification, but should be given reasons why decision made
Regina -v- Hurley; CACD 5-Aug-1997
 
Regina -v- Taigel [1997] EWCA Crim 2097; [1998] 1 Cr App R (S) 328
11 Aug 1997
CACD
Criminal Sentencing
[ Bailii ]
Regina -v- Ingram; CACD 20-Aug-1997
 
Regina -v- Accrington Youth Court Governor of HM Prison Risley Secretary of State for Home Department ex parte Claire Louise Flood Times, 10 October 1997; Gazette, 01 October 1997; [1997] EWHC Admin 783
22 Aug 1997
Admn
Criminal Sentencing, Prisons
The Policy of allowing youths to be held in adult prisons for assessment purposes immdiately after conviction was unlawful.
Criminal Justice Act 1982 1C(1)
[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Dennis Stafford [1997] EWHC Admin 801
5 Sep 1997
Admn
Criminal Sentencing, Human Rights 1 Cites
1 Citers
[ Bailii ]
 
Regina -v- Swindon Crown Court Ex Parte Murray Times, 24 September 1997
24 Sep 1997
QBD
Criminal Sentencing
A Crown Court hearing appeal against sentence should look at case anew, not review the assessment provided by the magistrates.
 
Regina -v- Governor of Haverigg Prison Ex Parte McMahon Times, 24 September 1997; Gazette, 01 October 1997
24 Sep 1997
QBD
Criminal Sentencing, Prisons
Where a defendant had been remanded into custody awaiting trial on two separate matters, the time served remaining unused from one sentence may be credited against a subsequent sentence.
 
Little -v- Moriarty [1997] EWCA Civ 2401
2 Oct 1997
CA
Contempt of Court, Criminal Sentencing
[ Bailii ]
Regina -v- Davies, TJ; CACD 3-Oct-1997
Regina -v- Hurley; CACD 3-Oct-1997
Regina -v- Takyi; CACD 3-Oct-1997
Regina -v- Brett; CACD 13-Oct-1997
Regina -v- Green; CACD 17-Oct-1997
Regina -v- Ball, Bateman; CACD 23-Oct-1997
 
Shirina Begum -v- Khosru Miah [1997] EWCA Civ 2578
27 Oct 1997
CA
Criminal Sentencing, Contempt of Court
[ Bailii ]
Regina -v- Cairns; CACD 28-Oct-1997
 
Regina -v- Secretary of State for the Home Department ex parte Probyn Times, 30 October 1997
30 Oct 1997
QBD
Criminal Sentencing
The question of whether a prisoner is serving a long or short term prison sentence is to be determined by the sentence imposed by the court, and not by not the time expected actually to be served.
Criminal Justice Act 1991 67(4)
Regina -v- Vandervell; CACD 30-Oct-1997
Regina -v- Graham; CACD 31-Oct-1997
 
Attorney General's Reference No 34 of 1997; Regina -v- Reed Times, 20 November 1997
20 Nov 1997
CA
Criminal Sentencing
A serious indecent assault on child will call for custodial sentence. Touching genitalia under clothes over long period will justify a sentence from 18 months to 3 years.
 
Regina -v- Tunbridge Wells Justices ex parte Peter Hutton [1997] EWHC Admin 1036
21 Nov 1997
Admn
Criminal Sentencing
The defendant appealed a committal to prison for non-payment of council tax, saying there had been no enquiry as to his means.
Council Tax (Administration and Enforcement) Regulations 1992
[ Bailii ]
 
Regina -v- Archer, Purnell, Eaton [1997] EWCA Crim 3030; [1998] 2 Cr App R (S) 76
21 Nov 1997
CACD
Criminal Sentencing 1 Citers
[ Bailii ]
Regina -v- Thomas McTaggart; CACD 24-Nov-1997
 
Regina -v- Secretary of State for Home Department ex parte Dennis Stafford Times, 28 November 1997; [1997] EWCA Civ 2830
26 Nov 1997
CA
Criminal Sentencing 1 Cites
1 Citers
The Home Secretary has an extraordinarily wide discretion to refuse to release a mandatory lifer after the punitive part of sentence if there was a remaining risk to the public.
Crime (Sentences) Act 1997 29
[ Bailii ]
 
Regina -v- Barnet Magistrates Court ex parte Cantor Times, 20 January 1998; [1997] EWHC Admin 1029; [1997] EWHC Admin 1054; [1999] 1 WLR 334
28 Nov 1997
Admn
Criminal Sentencing 1 Citers
A court assessing the ability of a defendant to pay a fine may not take into account the defendant's possible entitlement under discretionary trust. Such an approach was unlawful.
[ Bailii ] - [ Bailii ]
Regina -v- Mctaggart; CACD 2-Dec-1997
 
Regina -v- Love Times, 03 December 1997
3 Dec 1997
CMAC
Criminal Sentencing, Armed Forces
Sentencing in courts martial should follow civil practice, but allow for the fact that the trial takes place within the context of military discipline.
Courts-Martial Appeals Act 1996
Regina -v- Clark; CACD 4-Dec-1997
Regina -v- McFeeley, Anderson, Taberer, Erdman, Neale; CACD 10-Dec-1997
Regina -v- A M and Related Appeals; CACD 11-Dec-1997
 
Trevor Nathaniel Fisher -v- The Minister of Public Safety and Immigration and Others Times, 26 December 1997; [1997] UKPC 1; [1998] AC 673; [1997] UKPC 64
16 Dec 1997
PC
Human Rights, Commonwealth, Criminal Sentencing 1 Cites
1 Citers
(The Bahamas) The extent of a delay before a trial is not relevant when considering whether a subsequent delay in carrying out an execution is cruel and inhuman punishment
[ PC ] - [ Bailii ] - [ Bailii ]
Regina -v- Ingram; CACD 16-Dec-1997
Regina -v- Avis, T and others; CACD 16-Dec-1997
Regina -v- Secretary of State for Home Department ex parte Hindley; Admn 18-Dec-1997
Regina -v- Eaton; CACD 29-Dec-1997
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