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Criminal Sentencing - 1997

Criminal Sentencing. Including matters relating to the calculation of remission, the setting, service and operation of life sentences, and parole. See also Prisons

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 92 cases, and was prepared on 21 October 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
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

Regina -v- Kherbouche; CACD 02-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)
27 Jan 1997
CACD
Criminal Sentencing
Six months imprisonment was too lenient for an attack on a motorist who was remonstrating after a can had been thrown at him.
Regina -v- Shaw (G); Attorney General'S Reference (1996 No 28)
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
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.
Link[s] omitted
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

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- 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.
Link[s] omitted
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.
Link[s] omitted
Regina -v- Truro Crown Court ex parte Rld Adair [1997] EWHC Admin 135
12 Feb 1997
Admn
Criminal Sentencing
[ Bailii ]
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.
Link[s] omitted
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 Casemap
1 Cites

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
Link[s] omitted
Regina -v- Coughtry
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)
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
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 07-May-1997
Regina -v- Secretary of State for the Home Department, Ex Parte Pierson [1997] UKHL 37; [1998] AC 539; [1997] 3 All ER 577; [1997] 3 WLR 492
21 May 1997
HL
Lord Browne-Wilkinson, Lord Steyn
Criminal Sentencing Casemap
1 Cites
1 Citers
The Home Secretary may not later extend the tariff for a lifer after it had been set by an earlier Home Secretary merely to satisfy needs of retribution and deterrence. "A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power which adversely affect the legal rights of the citizen or the basic principles on which the law of the United Kingdom is based unless the statute conferring the power makes it clear that such was the intention of Parliament." Parliament legislates against the background of the principle of legality. There is a presumption that Parliament does not intend to interfere with the exercise of fundamental rights. It will be understood to do so only if it does so expressly: "Where wide powers of decision-making are conferred by statute, it is presumed that Parliament implicitly requires the decision to be made in accordance with the rules of natural justice: Bennion on Statutory Interpretation, p 737. However widely the power is expressed in the statute, it does not authorise that power to be exercised otherwise than in accordance with fair procedures."
Lord Steyn spoke of the principle of finality in sentencing: "That brings me to the question whether any legal consequences flow from the characterisation of the Home Secretary's function as involving a decision on punishment. It is a general principle of the common law that a lawful sentence pronounced by a judge may not retrospectively be increased."
Lord Hope of Craighead: "The minimum standard of fairness does not permit a person to be punished twice for the same offence. Nor does it permit a person, once he has been told what his punishment is to be, to be given in substitution for it a more severe punishment."
Lord Browne-Wilkinson said: "A power enacted by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power which adversely affect the legal rights of the citizen or the basic principles on which the law of the United Kingdom is based unless the statute conferring the power makes it clear that such was the intention of Parliament."
Criminal Justice Act 1967 6(1)
Link[s] omitted
Regina -v- Mungroo [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 [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 [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- Kemil Hadzic [1997] EWCA Crim 1468
17 Jun 1997
CACD
Criminal Sentencing

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- 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- Mulkerrins and Sansom [1997] EWCA Crim 1497
20 Jun 1997
CACD
Criminal Sentencing Casemap


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)
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 [1997] EWHC Admin 607; [1998] 1 All E R 23
30 Jun 1997
Admn
Simon Brown LJ
Criminal Sentencing Casemap
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)
Link[s] omitted
Mansell -v- United Kingdom Unreported, 2 July 1997; 32072/96
2 Jul 1997
ECHR
Human Rights, Criminal Sentencing Casemap

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
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.
Link[s] omitted
Regina -v- Gloucester Crown Court ex parte James Betteridge [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- 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- 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.
Link[s] omitted
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
Link[s] omitted
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- 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.
Link[s] omitted
Regina -v- Hamilton [1997] EWCA Crim 1839
15 Jul 1997
CACD
Criminal Sentencing
The defendant had been convicted of a domestic burglary. He appealed the sentence of three years. He had been caught nearby after being disturbed, and nothing had been taken. Held: He had previous convictions for burglary, but the last was more than ten years previous. Nevertheless, three years was too much, and two years was substituted.
Link[s] omitted
Regina -v- Burton-On-Trent Justices and Another, Ex Parte Smith
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 [1997] EWCA Crim 1838
15 Jul 1997
CACD
Criminal Sentencing
The appellant appealed a sentence totalling six months. He had been woken from a drunken sleep to learn of his wife being harassed. He was given a knife, and went out into the street brandishing it. He brandished it at one group, and continued after learning that they were police officers. Held: The fact that they were police officers was an aggravating feature, not mitigation. The sentence stood.
Link[s] omitted
Regina -v- Williamson; CACD 15-Jul-1997
Regina -v- Crossman and Crossman [1997] EWCA Crim 1843
15 Jul 1997
CACD
Criminal Sentencing
The appellants had been convicted of substantial offences of dishonesty, committed through the vehicle of a haulage business. They appealed sentences of 5 and 2 years imprisonment. The case had taken a long time to come to court, and the senior defendant was at risk of bankruptcy. The judge had failed to make proper allowance for these factors, and shorter sentences of three and a half years, and fifteen months were substituted.
Link[s] omitted
Regina -v- Blake [1997] EWCA Crim 1841
15 Jul 1997
CACD
Criminal Sentencing
The defendant appealed against his sentence for a repeated attempted street robbery. Held: He had pleaded guilty, and the robbery was unsuccessful, but the offence was serious. Three years was entirely appropriate.
Link[s] omitted
Regina -v- Taylor [1997] EWCA Crim 1837
15 Jul 1997
CACD
Criminal Sentencing
The appellant, with others was disturbed, in attempting to escape he repeatedly assaulted a police officer. He appealed a sentence of two years. Held: The sentence should stand. Although there were personal circumstances in his favour, assaults on the police are to be treated seriously, and the man had several previous convictions for violence.
Link[s] omitted
Regina -v- Hammond
15 Jul 1997
CACD
VAT, Criminal Sentencing
Payment of VAT is not optional, those fraudulently evading payment must expect imprisonment.
Value Added Tax Act 1994 72(1) 72(3)
Regina -v- Worthing Justices Ex Parte Varley
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
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
5 Aug 1997
CACD
Criminal Sentencing
Guidelines given for sentencing for possession of lysergic acid diethylamide LSD with intent to supply - large quantities
Regina -v- Peter John Taigel [1997] EWCA Crim 2097; [1998] 1 Cr App R (S) 328
11 Aug 1997
CACD
Criminal Sentencing
Link[s] omitted
Regina -v- Ingram [1997] EWCA Crim 2137
20 Aug 1997
CACD
Criminal Sentencing
The defendant sought leave to appeal sentence after he pleaded guilty to three counts of obtaining property by deception and three counts of handling stolen property and was sentenced to 15 months' imprisonment on each count to run concurrently. Sixty-eight similar offences were taken into consideration. Held: The applicant played an important part in the realisation of cheques from the Royal Mail. Those were serious offences and there were many of them. The court concluded that the sentences in no way can be said to be excessive, having regard to all the circumstances.
Link[s] omitted
Regina -v- Accrington Youth Court Governor of HM Prison Risley Secretary of State for Home Department ex parte Claire Louise Flood [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)
Link[s] omitted
Regina -v- Secretary of State for Home Department ex parte Dennis Stafford [1997] EWHC Admin 801
5 Sep 1997
Admn
Criminal Sentencing, Human Rights Casemap
1 Cites
1 Citers
[ Bailii ]
Regina -v- Swindon Crown Court Ex Parte Murray
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
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
Link[s] omitted
Regina -v- Davies, TJ; CACD 03-Oct-1997
Regina -v- Takyi [1997] EWCA Crim 2297; [1998] 1 Cr App R(S) 372
3 Oct 1997
CACD
Criminal Sentencing
1 Cites
1 Citers
The Court reduced from 9 to 3 months' imprisonment the sentence passed, following a plea of guilty, on a man who used someone else's passport, having surrendered his own to the Home Office.
[ Bailii ]
Regina -v- Hurley
3 Oct 1997
CACD
Criminal Sentencing
Court gives guideline sentencing for import of substantial quantities of LSD (10 years or more); how to measure.
Misuse of Drugs Act 1971 4(1)
Regina -v- Brett; CACD 13-Oct-1997
Regina -v- Christopher David Green [1997] EWCA Crim 2488
17 Oct 1997
CACD
Lord Justice Beldam Mr Justice Henry and Mr Justice Ognall
Criminal Sentencing
The defendant appealed a sentence of three years detention for aggravated vehicle taking and a substantial number of thefts. Held: Though the sentence was near the maximum, it was a serious offence, and little discount was available. There was conduct deliberately designed to injure police officers, and committed whilst on bail. The sentence was not excessive.
[ Bailii ]
Regina -v- Lisa Jane Ball, Darren Bateman [1997] EWCA Crim 2595
23 Oct 1997
CACD
Criminal Sentencing
The deliberate selection by drugs pushers, of those who were seeking to get clear of drugs, was enough of an aggravating feature in itself to justify an exemplary deterrent sentence.
Misuse of Drugs Act 1971
[ Bailii ]
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
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 [1997] EWCA Crim 2716
30 Oct 1997
CACD
Lord Justice Waller Mr Justice Owen And Mr Justice Sullivan
Criminal Sentencing, Insolvency, Company

The defendant had been convicted of being involved in the management of a company and of obtaining credit, whilst being an undischarged bankrupt. Held: These were serious and repeated offences. The sentence of four years and three months imprisonment was not excessive.
Link[s] omitted
Regina -v- Paul Graham [1997] EWCA Crim 2755
31 Oct 1997
CACD
Criminal Sentencing
The defendant renewed his application for leave to appeal against sentence for burglary of a restaurant (30 months), but which involved disturbing a resident occupier. Held: The defendant had a serious record of dishonesty, and this offence took place whilst he was serving community service. The sentence was correct. Leave refused.
Link[s] omitted
Attorney General's Reference No 34 of 1997; Regina -v- Reed
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
Link[s] omitted
Regina -v- Archer, Purnell, Eaton [1997] EWCA Crim 3030; [1998] 2 Cr App R (S) 76
21 Nov 1997
CACD
Criminal Sentencing Casemap

Link[s] omitted
Regina -v- Thomas McTaggart [1997] EWCA Crim 3050
24 Nov 1997
CACD
Criminal Sentencing
Handling stolen goods - possessing amphetamine with intent to supply - drugs offence sentence reduced to two years.
[ Bailii ]
Regina -v- Secretary of State for Home Department ex parte Dennis Stafford [1997] EWCA Civ 2830
26 Nov 1997
CA
Criminal Sentencing


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
Link[s] omitted
Regina -v- Barnet Magistrates Court ex parte Cantor [1997] EWHC Admin 1029; [1997] EWHC Admin 1054; [1999] 1 WLR 334
28 Nov 1997
Admn
Criminal Sentencing

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.
Link[s] omitted
Regina -v- Mctaggart [1997] EWCA Crim 3137
2 Dec 1997
CACD
Criminal Sentencing
Assault occasioning actual bodily harm on a police officer - 12 months substituted for 18 months
Link[s] omitted
Regina -v- Love
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 04-Dec-1997
Regina -v- McFeeley, Anderson, Taberer, Erdman, Neale; CACD 10-Dec-1997
Regina -v- A M and Related Appeals
11 Dec 1997
CACD
Criminal Sentencing, Children
New guidance was given on the sentencing of young offenders where a period of more than 24 months detention appeared to be required.
Criminal Justice Act 1982 - Children and Young Persons Act 1933
Trevor Nathaniel Fisher -v- The Minister of Public Safety and Immigration and Others [1997] UKPC 1; [1998] AC 673; [1997] UKPC 64
16 Dec 1997
PC
Human Rights, Commonwealth, Criminal Sentencing

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
Link[s] omitted
Regina -v- Ingram [1997] EWCA Crim 3337
16 Dec 1997
CACD
Lord Justice Swinton Thomas, Mr Justice Harrison, And The Recorder Of Bristol, (Acting As A Judge Of The Cacd)
Criminal Sentencing, Road Traffic
The defendant appealed sentence for dangerous driving. Penalty points imposed on his licence at the same time as imprisonment were expunged immediately. He had appeared to attempt to flee the police in a car chase. Held: The sentence of four months imprisonment was entirely justified.
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
29 Dec 1997
CACD
Criminal Sentencing
The supply of controlled drugs into a prison would inevitably carry substantial prison term; affect on visiting arrangements and so on.

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