Lynch, R. v
It was inappropriate to impose a conditional discharge exposing the appellant to further punishment when he had already served more than the maximum sentence allowed by law for common assault.
- Parties
- Prosecutor: Regina; Appellant: Dean Charles Lynch
- Jurisdiction
- England and Wales
- Judgment Date
- 17 October 2007
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Common Assault, Conditional Discharge, Remand in Custody
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Dean Charles Lynch
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether it was lawful and appropriate to impose a conditional discharge after the appellant had already served a period in custody exceeding the statutory maximum for common assault
Ratio Decidendi
It was inappropriate to impose a conditional discharge exposing the appellant to further punishment when he had already served more than the maximum sentence allowed by law for common assault.
Court Disposition
appeal allowed
Orders
- Sentence of two year conditional discharge set aside
- Absolute discharge substituted
Full Case Text
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