Ali, R. v

Ali, R. v

The curfew requirement imposed as a condition of deferment is not part of the sentence imposed at the end of the deferment period. The statutory maximum curfew on a community order applies only from the date of the order, and there is no legislative restriction preventing a further curfew requirement after a deferment curfew. The sentence was lawful.

Parties
Prosecutor: Regina; Appellant: Saeed Ali
Jurisdiction
England and Wales
Judgment Date
01 November 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Community Orders, Curfew Requirements, Deferred Sentence
Criminal Law Sentencing Community Orders Curfew Requirements Deferred Sentence

Case Brief

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Parties

Regina

Prosecutor

Saeed Ali

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of a curfew requirement on a community order after a curfew as a condition of deferred sentence results in an unlawful sentence

Ratio Decidendi

The curfew requirement imposed as a condition of deferment is not part of the sentence imposed at the end of the deferment period. The statutory maximum curfew on a community order applies only from the date of the order, and there is no legislative restriction preventing a further curfew requirement after a deferment curfew. The sentence was lawful.

Court Disposition

appeal dismissed