Hemmings, R v [2007] EWCA Crim 2413 (3 October 2007)

Hemmings, R v [2007] EWCA Crim 2413 (3 October 2007)

It is wrong in principle to impose a community order with requirements amounting to substantial further punishment where the appellant has already served on remand a period equivalent to the maximum custodial sentence; the principle from McCabe and Peppard applies to community penalties.

Citation
[2007] EWCA Crim 2413
Parties
Prosecution: Regina; Appellant: David Christopher Hemmings
Jurisdiction
England and Wales
Judgment Date
03 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Remand Credit, Community Orders, Conditional Discharge
Criminal Law Sentencing Remand Credit Community Orders Conditional Discharge

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Parties

Regina

Prosecution

David Christopher Hemmings

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether it is lawful and appropriate to impose a community order with requirements after the appellant has already served a period on remand equivalent to the maximum custodial sentence
  2. 2 Whether the principle from R v McCabe and R v Peppard applies to community penalties

Ratio Decidendi

It is wrong in principle to impose a community order with requirements amounting to substantial further punishment where the appellant has already served on remand a period equivalent to the maximum custodial sentence; the principle from McCabe and Peppard applies to community penalties.

Court Disposition

appeal allowed

Orders

  • sentence of community order quashed
  • conditional discharge imposed for four months concurrent on both counts