Barrett, R v

Barrett, R v

Imposing a suspended sentence with conditions after the appellant had already served the equivalent of the maximum custodial sentence on remand was wrong in principle; the appropriate course was to substitute a conditional discharge for each offence.

Parties
Prosecutor: Regina; Appellant: Daniel Barrett
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Suspended Sentences, Conditional Discharge, Time Served on Remand
Criminal Law Sentencing Suspended Sentences Conditional Discharge Time Served on Remand

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Parties

Regina

Prosecutor

Daniel Barrett

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether it was wrong in principle to impose a suspended sentence with conditions after the appellant had already served the equivalent of the maximum custodial sentence on remand
  2. 2 What is the appropriate sentence in such circumstances

Ratio Decidendi

Imposing a suspended sentence with conditions after the appellant had already served the equivalent of the maximum custodial sentence on remand was wrong in principle; the appropriate course was to substitute a conditional discharge for each offence.

Court Disposition

appeal allowed

Orders

  • Suspended sentences of imprisonment set aside
  • Appellant conditionally discharged for each of the five offences for a period of four months