Dalzell v DPP

Dalzell v DPP

The appeal was dismissed as academic because the sentence had already been served, the factual basis was unclear, and the case was not an appropriate vehicle for determining wider questions of practice.

Parties
Claimant: Keith James Paul Dalzell; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sentencing Guidelines, Legitimate Expectation, Case Stated Procedure, Custodial Vs Non Custodial Sentences
Criminal Law Judicial Review Sentencing Guidelines Legitimate Expectation Case Stated Procedure Custodial Vs Non Custodial Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Keith James Paul Dalzell

Claimant

DPP

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the indication given by the trial bench was a manifest breach of duty to have regard to sentencing guidelines
  2. 2 Whether such breach rendered the proposed sentence unlawful
  3. 3 Whether the District Judge had power to rule on the lawfulness of the indication as to sentence

Ratio Decidendi

The appeal was dismissed as academic because the sentence had already been served, the factual basis was unclear, and the case was not an appropriate vehicle for determining wider questions of practice.

Court Disposition

appeal dismissed