Ali, R. v [2011] EWCA Crim 2747 (01 November 2011)

Ali, R. v [2011] EWCA Crim 2747 (01 November 2011)

The statutory maximum curfew period under a community order runs from the date the order is made and does not include curfew periods imposed as conditions of deferment. The curfew requirement of 5 months was lawful and not rendered unlawful by the prior 6-month curfew during deferment.

Citation
[2011] EWCA Crim 2747
Parties
Respondent: Regina; Appellant: Saeed Ali
Jurisdiction
England and Wales
Judgment Date
01 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Sentencing, Community Order, Curfew Requirement, Deferred Sentence
Criminal Law Robbery Sentencing Community Order Curfew Requirement Deferred Sentence

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Parties

Regina

Respondent

Saeed Ali

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of a curfew requirement as part of a community order, following a curfew imposed as a condition of deferred sentence, results in an unlawful sentence under statutory limits.

Ratio Decidendi

The statutory maximum curfew period under a community order runs from the date the order is made and does not include curfew periods imposed as conditions of deferment. The curfew requirement of 5 months was lawful and not rendered unlawful by the prior 6-month curfew during deferment.

Court Disposition

appeal dismissed