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Court of Appeal varies sentence for theft, reducing it from two and a half years' imprisonment to be served consecutively to another sentence to three months' imprisonment to be served concurrently, on the grounds that: (a) although a sentencing judge had a discretion in imposing consecutive sentences, there was no considered and reasoned explanation as to why it was done in this case; and (b) the sentence imposed was clearly disproportionate to both the offence and the circumstances of the offender.
Offences: robbery and theft (two separate occasions)
Original sentence: three years with 12 months suspended in respect of first count and two and a half years with 18 months suspended in respect of second; sentences to be served consecutively, giving aggregate sentence of four and a half years with 18 months suspended
Appeal by: defence
Outcome: sentence for second offence varied to three months to run consecutively with sentence for robbery
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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