Criminal Sentencing - 1997

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This page lists 104 cases, and was prepared on 28 October 2012.

Attorney General's Reference No 4 of 1996 (Robinson) [1997] 1 Cr App R (S) 357
1997 CACD Lord Bingham CJ	Criminal Sentencing	Casemap 1 Citers
	When a judge has given an indication as to sentence, that does not preclude the Attorney General from bringing the matter before the Court of Appeal for it to consider whether or not the sentence was unduly lenient. However the indication given by the judge would be an important matter for the court to take into consideration when deciding how to dispose of the reference.

Elliott (No 2) -v- HM Advocate 1997 SLT 1229
1997 Lord Justice Clerk Ross	Criminal Sentencing, Scotland	Casemap 1 Citers
	When passing a mandatory sentence of life imprisonment a trial judge was required by section 218 of the 1975 Act to specify the date of the commencement of the sentence The question whether a mandatory life sentence should be backdated was not an academic one, because the date at which the sentence was held to have commenced might affect the date at which the Preliminary Review Committee could first consider the case of the prisoner.
	Criminal Procedure (Scotland) Act 1975

Attorney-General's Reference No 3 of 1996 1-Jan-1997 Unreported
1997 CACD	Criminal Sentencing	1 Citers

Attorney-General's Reference No 32 of 1996, Regina -v- Whittaker [1997] 1 Cr App R(S) 261
1997 CACD Lord Bingham CJ	Criminal Sentencing	Casemap 1 Citers
	The Court described the circumstamnces under which a life sentence of imprisonment can be imposed: "It appears to this Court that the conditions may be put under two heads. The first is that the offender should have been convicted of a very serious offence. If he (or she) has not, then there can be no question of imposing a life sentence. But the second condition is that there should be good grounds for believing that the offender may remain a serious danger to the public for a period which cannot be reliably estimated at the date of sentence. By 'serious danger' the Court has in mind particularly serious offences of violence and serious offences of a sexual nature. The grounds which may found such a belief will often relate to the mental condition of the offender." and "It is therefore plain that evidence of an offender's mental state is often highly relevant. But the crucial question is whether on all the facts it appears an offender is likely to represent a serious danger to the public for an indeterminate time."

Regina -v- Kherbouche
2 Jan 1997 CACD	Criminal Sentencing
	No sentencing credit was to be given for an early indication of a plea where the Defendant was badly advised to plead not guilty.

Regina -v- Stephen Dudley Mills [1997] EWCA Crim 140
21 Jan 1997 CACD	Criminal Sentencing
	Appeal against indeterminate sentence for indecent assault and other offences.
	Link[s] omitted

Regina -v- Francis Maguire [1997] EWCA Crim 151
23 Jan 1997 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Bush, L [1997] EWCA Crim 202; [2006] 2 Cr App R (S) 283
27 Jan 1997 CACD	Criminal Sentencing

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- 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- 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- Ian Garbett Ian King [1997] EWCA Crim 302
3 Feb 1997 CACD	Criminal Sentencing
	Importation of cannabis.
	Link[s] omitted

Regina -v- Mills [1997] EWCA Crim 345
6 Feb 1997 CACD	Criminal Sentencing
	Renewed application for leave to appeal.
	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	Casemap 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.
	Link[s] omitted

Regina -v- Julie Ann Dryden-Hall [1997] EWCA Crim 382
10 Feb 1997 CACD	Criminal Sentencing
	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

Attorney General's Reference No 54 of 1996 (Duane William Crome) [1997] EWCA Crim 405
11 Feb 1997 CACD	Criminal Sentencing	Casemap 1 Citers
	Link[s] omitted

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

Regina -v- Rodney Francis 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- Sean Gerard Condon [1997] EWCA Crim 465
14 Feb 1997 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Robert Graham [1997] EWCA Crim 486
17 Feb 1997 CACD	Criminal Sentencing
	Plea of guilty to inflicting grievous bodily harm to very young child aged six or seven months.
	Link[s] omitted

Regina -v- Coughtrey [1997] EWCA Crim 506; [1997] 2 Cr App R(S) 269
19 Feb 1997 CACD McCowan LJ, Kennedy J, Denison J, the Common Serjeant	Criminal Sentencing
	The court considered an appeal against sentence for the defendant's prison break. Held: The court set out the factors in sentencing in such cases: "If the offender is serving a determinate sentence, a consecutive sentence should almost invariably be imposed. Obviously if he is serving a life sentence the sentence for breaking prison will have to be served concurrently. But the length of it should be the same as it would have been had he been serving a determinate sentence." and "(i) the nature and the circumstances of the crime for which he was in prison; (ii) his conduct while in prison; (iii) the methods employed in effecting escape and in particular, whether any violence was involved and whether there was extensive planning and outside assistance; (iv) whether he surrendered himself and how soon and (v) a plea of guilty."
	Link[s] omitted

Regina -v- Phillip Robert Jackson [1997] EWCA Crim 511
19 Feb 1997 CACD	Criminal Sentencing
	Offences of dangerous driving and driving while disqualified.
	Link[s] omitted

Regina -v- Bowen [1997] EWCA Crim 560
24 Feb 1997 CACD	Criminal Sentencing
	[ Bailii ]

Regina -v- Hamilton Dryden-Hall [1997] EWCA Crim 634
6 Mar 1997 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Alan Mcloughlin John Ryan and David Brooks [1997] EWCA Crim 792
24 Mar 1997 CACD	Criminal Sentencing
	Theft, conspiracy to steal.
	Link[s] omitted

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 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 prisoner’s guilt of the offence. (2) The Board’s 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)
	Link[s] omitted

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
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- Prince Olubode Adebayo [1997] EWCA Crim 893
14 Apr 1997 CACD Lord Justice Kennedy, Mr Justice Hooper and Her Honour Judge Ann Goddard QC	Criminal Sentencing
	The appellant sought reduction of his sentence of six months for deception in having obtained a driving licence by having somebody else impersonate him for the test. Held: The sentence was appropriate.

Regina -v- Simon Paul Cannon [1997] EWCA Crim 909
15 Apr 1997 CACD	Criminal Sentencing
	Ddisparity between defendants.
	Link[s] omitted

Regina -v- Steven Andrew Bell [1997] EWCA Crim 994
25 Apr 1997 CACD	Criminal Sentencing
	Link[s] omitted

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 [1997] EWCA Crim 1088; [1998] 1 Cr App R (S) 89
7 May 1997 CACD Stuart-Smith LJ, Forbes, Eady JJ	Criminal Sentencing	Casemap
	The defendants appealed their sentences, saying that the sentencing court had not sufficiently recognised the assistance they had given to the police. Held: The appropriate starting point for sentence was 24 years' imprisonment after a trial. For Sehitoglu that was reduced to 8 years' imprisonment reflecting the fact that the assistance he gave to the prosecution was significantly greater than the judge at the trial could have anticipated. The judge at the trial had been made aware that that appellant was prepared to give assistance, but at the time that he sentenced him he was not aware of the extent of that assistance and the effect that it would have on the trial of this appellant and his co-conspirators. The sentence on Ozakan was reduced to 18 years in order to give appropriate credit for the plea of guilty which the court considered had not been adequately reflected in the original sentence of the judge.
	[ Bailii ]

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 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)
	Link[s] omitted

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
	Link[s] omitted

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'.
	Link[s] omitted

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'.
	Link[s] omitted

Regina -v- Secretary of State For The Home Department, Ex Parte Venables, Regina -v- Secretary of State For The Home Department, Ex Parte Thompson [1997] Fam Law 786; [1998] AC 407; [1997] UKHL 25; [1997] 3 All ER 97; [1997] 3 WLR 23; [1997] 2 FLR 471
12 Jun 1997 HL Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Steyn, Lord Hope of Craighead	Criminal Sentencing, Children, Human Rights	Casemap 1 Cites
	A sentence of detention during her majesty's pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: "The Secretary of State is not dealing with a sentence of the same kind as the mandatory life sentence imposed on an adult murderer, the duration of which is determined by the sentence of the court and is for life. In cases of detention during Her Majesty's pleasure the duty of the Secretary of State is to decide how long that detention is to last, not to determine whether or not to release prematurely a person on whom the sentence of the court is life imprisonment." The fixing of the tariff amounted to a sentencing exercise, to which Article 6(1) of the European Convention on Human Rights applies, and that the requirements of Article 6(1) were not met because the Home Secretary, who set the initial tariff, was not independent of the executive.
	Murder (Abolition of Death Penalty) Act 1965 1(5) 4 - Children and Young Persons Act 1933 53(1) - European Convention on Human Rights 6
	Link[s] omitted

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.
	Link[s] omitted

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.
	Link[s] omitted

Regina -v- Mulkerrins and Sansom [1997] EWCA Crim 1497
20 Jun 1997 CACD	Criminal Sentencing	Casemap 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.
	Link[s] omitted

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 [1997] EWCA Crim 1609; [1998] 1 Cr App R 220; [1998] 1 Cr App R (S) 181
27 Jun 1997 CACD	Criminal Sentencing	Casemap 1 Cites 1 Citers
	The court reviewed sentencing levels for domestic burglary. Such cases must always be very serious, but individual cases varied almost infinitely. After a trial an adult defendant could expect a sentence of three years' imprisonment for burglary of an unoccupied dwelling.
	Theft Act 1968 9(1)(a)
	Link[s] omitted

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 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
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.
	Link[s] omitted

Regina -v- Canavan, Kidd, Shaw [1997] EWCA Crim 1773; [1998] 1 Cr App R(S) 243; [1998] 1 Cr App R 70
10 Jul 1997 CACD Lord Bingham LCJ	Criminal Sentencing	Casemap 1 Cites 1 Citers
	A sentencing court cannot take into account factors neither admitted by nor proved against the defendant. The cases sought to be allowed for by the Crown were representative but unadmitted counts. It offended a fundamental principle of sentencing for the defendant to be sentenced not only for the four specific offences of which he has been convicted after a trial, but also for other offences of which the four were specimens; offences of which the defendant had been neither convicted, nor to which he had pleaded guilty nor agreed to have taken into consideration. Lord Bingham LCJ said: "[The defendant] may be sentenced only for an offence proved against him (by admission or verdict) or which he has admitted and asked the court to take into consideration when passing sentence: see Anderson [1978] A.C. 964. If, as we think, these are basic principles underlying the administration of the criminal law, it is not easy to see how a defendant can lawfully be punished for offences for which he has not been indicted and which he has denied or declined to admit."
	Link[s] omitted

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- 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- 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- Cleaver [1997] EWCA Crim 1821
14 Jul 1997 CACD	Criminal Sentencing	Casemap 1 Cites
	The defendant appealed sentences of ten years for indecency offences against young boys. He had a long history of such offending. The sentence was the maximum, and was declared by the judge to be an extended sentence. But for that, the appropriate sentence would have been three to four years. There must be a relationship between the appropriate penal sentence for an offence and the extended sentence. Too much weight had been given to the section, and seven years was substituted.
	Criminal Justice Act 1991 2(2)(b)
	Link[s] omitted

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- 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.
	[ Bailii ]

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. 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- 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 [1997] EWCA Crim 1840
15 Jul 1997 CACD	Crime, Criminal Sentencing
	The appellants had been convicted of robbery. They said that the judge had failed to give a full Turnbull direction on the dangers of identification evidence. The only note of the judge's direction however contradicted this. The conviction and sentence stood.
	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- 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- 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- 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
	Link[s] omitted

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- 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- Takyi [1997] EWCA Crim 2297; [1998] 1 Cr App R(S) 372
3 Oct 1997 CACD	Criminal Sentencing	Casemap 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.
	Link[s] omitted

Regina -v- Davies, TJ [1997] EWCA Crim 2321; [1997] EWCA Crim 2340
3 Oct 1997 CACD	Criminal Sentencing	1 Cites
	The appellant had been convicted of buggery but in circumstances which amounted to rape. He had been sentenced on the basis of having committed rape, and now appealed saying he had not faced that accusation. Held: The situation was difficult. A mistake of law had been made, but the judge had been entitled to conclude that the facts stood as they did to underly the sentence.
	Sexual Offences Act 1956 6(1) 12(1)
	Link[s] omitted

Regina -v- Brett
13 Oct 1997 CACD	Criminal Sentencing
	Drug Trafficking legislation bites on all property held by the defendant at the time of or after conviction no matter when it was acquired.
	Drug Trafficking Offences Act 1986 2(3)(a)(i)

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.
	Link[s] omitted

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
	Link[s] omitted

Shirina Begum -v- Khosru Miah [1997] EWCA Civ 2578
27 Oct 1997 CA	Criminal Sentencing, Contempt of Court
	Link[s] omitted

Regina -v- Hugh John Cairns [1997] EWCA Crim 2677; [1998] 1 Cr App R (S) 434
28 Oct 1997 CACD	Criminal Sentencing	Casemap 1 Citers
	The defendant appealed sentences of 7 years for indecent assaults on young girls. He was a policeman running a youth club. Certain of the allegations related to times when the maximum sentence was two years, but the defendant's pleas specifically related to events after the new provisions. Held: The offence of indecent assault is an offence under the 1992 Act, and it is a criminal offence to publish the name of a victim. As a matter of practice, no count should ever charge an offence committed during a period running through September 16th 1985 when the change took place. In this cases while the offences were serious, they were not the most serious, and a sentence of five years was substituted.
	Sexual Offences Act 1956 14(1) - Sexual Offences (Amendment) Act 1992 1
	Link[s] omitted

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	Casemap 1 Cites
	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.
	[ Bailii ]

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- 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- Archer, Purnell, Eaton [1997] EWCA Crim 3030; [1998] 2 Cr App R (S) 76
21 Nov 1997 CACD	Criminal Sentencing	Casemap 1 Citers
	Link[s] omitted

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- 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.
	Link[s] omitted

Regina -v- Secretary of State for Home Department ex parte Dennis Stafford [1997] EWCA Civ 2830
26 Nov 1997 CA	Criminal Sentencing	Casemap 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
	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	Casemap 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.
	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
	[ Bailii ]

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
4 Dec 1997 CACD	Criminal Sentencing
	Guidelines for sentencing for theft for breach of trust updated for inflation and to provide for consecutive sentences for theft.
	Theft Act 1968

Regina -v- McFeeley, Anderson, Taberer, Erdman, Neale [1997] EWCA Crim 2868
10 Dec 1997 CACD Roch Buckley Hale LJJ	Criminal Sentencing	Casemap 1 Cites
	CS The defendants were each prosecuted for conspiracy to rob. The robberies were well planned involving a gang of men, sometimes as many as four armed with sawn off shotguns, stolen vehicles and balaclavas for disguise. Many members of the public were frightened and spoke of the difficulties in putting the experience behind them. Threats to kill were made and firearms were discharged. Some injuries were sustained, mercifully not serious. They now appealed against their sentences, saying that the sentences were too long, and that, having pleaded guilty, the judge should either have sentenced them on the basis pleaded, or given them opportunity to bring appropriate evidence. Held: The starting point was correct for very serious offences where the only mitigation was the plea. There had been a trial of co-defendants, and the judge was entitled to draw upon the evidence given. The factual basis of a plea accepted by the prosecution must be made clear to judge. In Anderson and Taberer, the factual basis had been agreed in writing and accepted by the judge. "[W]e emphasise how important it is for a basis of plea, particularly in these difficult conspiracy cases, to be drafted with great care. Care should be taken by counsel and the court to ensure that all are ad idem. If that can best be achieved by amendment of the indictment, that should happen." This was particularly so in cases of conspiracy, because of the variability of such cases.
	Link[s] omitted

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

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.

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	Casemap 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
	Link[s] omitted

Regina -v- Avis, T and others [1997] EWCA Crim 3423; [1998] 2 Crim App R (S) 178; [1998] Crim LR 428; [1998] 1 Cr App R 4200
16 Dec 1997 CACD Lord Bingham CJ	Criminal Sentencing	Casemap 1 Citers
	The court set out the sentencing considerations to be borne in mind in the case of firearms offences in the light of an increase of the use of guns. Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier sentencing cases were not reliable as a guide. The applicable principles are: "(1) What sort of weapon is involved? Genuine firearms are more dangerous than imitation firearms. Loaded firearms are more dangerous then unloaded firearms. Unloaded firearms for which ammunition is available are more dangerous than firearms for which no ammunition is available. Possession of a firearm which has no lawful use (such as a sawn-off shotgun) will be viewed even more seriously than possession of a firearm which is capable of lawful use. (2) What (if any) use has been made of the firearm? It is necessary for the court, as with any other offence, to take account of all circumstances surrounding any use made of the firearm: the more prolonged and premeditated and violent the use, the more serious the offence is likely to be. (3) With what intention (if any) did the defendant possess or use the firearm? Generally speaking, the most serious offences under the Act are those which require proof of a specific criminal intent (to endanger life, to cause fear of violence, to resist arrest, to commit an indictable offence). The more serious the act intended, the more serious the offence. (4) What is the defendant's record? The seriousness of any firearm offence is inevitably increased if the offender has an established record of committing firearms offences or crimes of violence."
	Firearms Act 1968 - Criminal Justice and Public Order Act 1994
	Link[s] omitted

Queen -v- Secretary of State for Home Department ex parte Myra Hindley [1997] EWHC Admin 1159; [1998] QB 751
18 Dec 1997 Admn	Criminal Sentencing	Casemap 1 Cites 1 Citers
	The Home Secretary has the power to fix the tariff sentence for a lifer at her whole life where that was needed in order to satisfy the requirements of retribution and of deterrence.
	Crime (Sentences) Act 1997 29
	Link[s] omitted

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.