Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Custodial sentence for theft was not required for first-time offender
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal against the severity of sentence of twelve months' imprisonment that was imposed in respect of a theft offence, and a consecutive sentence of two years' imprisonment with one year suspended in respect of another theft-related offence, and reduces the aggregate sentence to two years with one year suspended, on the grounds that the judge erred in concluding that this was a case which required a custodial sentence of twelve months in circumstances where this was a first offence.
Criminal law – sentencing – appeal against the severity of twelve months imprisonment that was imposed in respect of a theft offence and a consecutive sentence of two years imprisonment with one year suspended in respect of a s. 18 Criminal Justice (Theft and Fraud Offences) Act 2001 offence – whether the judge ought not to have declined to follow the probation recommendation without giving clear reasons – judge erred in concluding that this was a case which required a custodial sentence – theft offence sentence and the s.18 offence sentence should be served concurrently – sentence reduced to twelve months' imprisonment – aggregate sentence of two years with one year suspended – appeal allowed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
