Barrett, R v [2010] EWCA Crim 365 (12 February 2010)

Barrett, R v [2010] EWCA Crim 365 (12 February 2010)

Passing suspended sentences of imprisonment after the appellant had already served the maximum term on remand was wrong in principle; the appropriate remedy is to substitute a conditional discharge for the suspended sentences.

Source-derived case information.

Citation
[2010] EWCA Crim 365
Parties
Prosecution: Regina; Appellant: Daniel Barrett
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Suspended Sentences, Conditional Discharge, Remand Credit
Criminal Law Sentencing Suspended Sentences Conditional Discharge Remand Credit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Daniel Barrett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether imposing a suspended sentence after the appellant had served the maximum term on remand was wrong in principle
  2. 2 Appropriate remedy when suspended sentence is more severe than immediate imprisonment

Ratio Decidendi

Passing suspended sentences of imprisonment after the appellant had already served the maximum term on remand was wrong in principle; the appropriate remedy is to substitute a conditional discharge for the suspended sentences.

Court Disposition

appeal allowed

Orders

  • Suspended sentences of imprisonment set aside
  • Appellant conditionally discharged for each offence for four months