Lees-Sandey, R (on the application of) v Chichester Crown Court

Lees-Sandey, R (on the application of) v Chichester Crown Court

The Crown Court's decision to increase the sentence was influenced by an irrelevant procedural consideration and constituted an error of law; the original sentence of 8 months' imprisonment imposed by the Magistrates' Court was proper and should be restored.

Source-derived case information.

Parties
Claimant: Lees-Sandey; Defendant: Chichester Crown Court
Jurisdiction
England and Wales
Judgment Date
24 September 2004
Procedural Posture
Judicial Review / Judgment
Outcome
decision of Crown Court quashed; original Magistrates' sentence substituted
Legal Topics
Sentencing, Indecent Assault, Consecutive Sentences, Appeals, Magistrates' Jurisdiction
Criminal Law Judicial Review Sentencing Indecent Assault Consecutive Sentences Appeals Magistrates' Jurisdiction

Source-derived case record

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Parties

Lees-Sandey

Claimant

Chichester Crown Court

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Crown Court erred in increasing the sentence to 12 months' imprisonment
  2. 2 Whether consecutive sentences for offences two and three were lawful
  3. 3 Whether the Crown Court was influenced by an irrelevant procedural consideration

Ratio Decidendi

The Crown Court's decision to increase the sentence was influenced by an irrelevant procedural consideration and constituted an error of law; the original sentence of 8 months' imprisonment imposed by the Magistrates' Court was proper and should be restored.

Court Disposition

decision of Crown Court quashed; original Magistrates' sentence substituted

Orders

  • The Crown Court's sentence is quashed.
  • The original sentence of 8 months' imprisonment (four months plus two months plus two months, consecutive) is substituted.