REGINA v BEN JOHN

REGINA v BEN JOHN

A suspended sentence under section 278 is only lawful if the aggregate term does not exceed 2 years; the sentence imposed was unlawful as it exceeded this limit. Immediate imprisonment is required in such cases.

Parties
Offender: Ben John; Applicant: Attorney General
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Sentence quashed as unduly lenient; special custodial sentence of 3 years imposed (2 years custody, 1 year licence).
Legal Topics
Sentencing, Suspended Sentences, Special Custodial Sentences, Terrorism Offences
Criminal Law Terrorism Sentencing Suspended Sentences Special Custodial Sentences Terrorism Offences

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Parties

Ben John

Offender

Attorney General

Applicant

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether a special custodial sentence under section 278 of the Sentencing Code can be lawfully suspended
  2. 2 Whether the sentence imposed was unduly lenient

Ratio Decidendi

A suspended sentence under section 278 is only lawful if the aggregate term does not exceed 2 years; the sentence imposed was unlawful as it exceeded this limit. Immediate imprisonment is required in such cases.

Court Disposition

Sentence quashed as unduly lenient; special custodial sentence of 3 years imposed (2 years custody, 1 year licence).

Orders

  • Offender to surrender to custody by 4.00 pm at Lincoln City Centre Police Station.
  • Credit for days spent on remand and half the qualifying curfew days (127 days).