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Court of Appeal quashes sentence for burglary where a conviction for sexual assault had been taken into consideration by the sentencing judge but was later quashed; but in imposing a new sentence, the court arrives at the same ultimate sentence once the correct headline sentence and mitigating and aggravating factors had been taken into account.
Offence: burglary (guilty plea) and sexual assault (contested and convicted but conviction quashed on appeal)
Original sentence: three and a half years for the burglary, with sexual assault taken into consideration
Appeal by: defence, on grounds that subsequent quashing of conviction for sexual assault meant that this was now an error of principle
Outcome: sentence quashed and new sentence substituted, also three and a half years after mitigation
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.
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