Hemmings, R v

Hemmings, R v

A community order constitutes further punishment and should not be imposed where the appellant has already served the equivalent of the maximum custodial term on remand; the correct approach is conditional discharge, following the reasoning in McCabe and Peppard.

Parties
Prosecution: Regina; Appellant: David Christopher Hemmings
Jurisdiction
England and Wales
Judgment Date
03 October 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Remand Credit, Community Order, Conditional Discharge, Double Jeopardy
Criminal Law Sentencing Remand Credit Community Order Conditional Discharge Double Jeopardy

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Parties

Regina

Prosecution

David Christopher Hemmings

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether it is wrong in principle to impose a community order as further punishment where the appellant has already served the equivalent of the maximum custodial term on remand
  2. 2 Applicability of principles from R v McCabe and R v Peppard to community penalties

Ratio Decidendi

A community order constitutes further punishment and should not be imposed where the appellant has already served the equivalent of the maximum custodial term on remand; the correct approach is conditional discharge, following the reasoning in McCabe and Peppard.

Court Disposition

appeal allowed

Orders

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