Lawlor, R. v [2008] EWCA Crim 474 (25 February 2008)

Lawlor, R. v [2008] EWCA Crim 474 (25 February 2008)

The sentence of 18 months' detention suspended for two years was unlawful as it exceeded the statutory maximum for suspension; the court substituted a lawful sentence of 12 months' detention suspended for two years.

Source-derived case information.

Citation
[2008] EWCA Crim 474
Parties
Prosecution: Regina; Applicant: Samuel Robert Lawlor
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
sentence quashed and substituted
Legal Topics
Sentencing, Suspended Sentences, Appeal Procedure
Criminal Law Sentencing Suspended Sentences Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Samuel Robert Lawlor

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was lawful under section 189 of the Criminal Justice Act 2003
  2. 2 Whether the applicant should be granted leave to appeal and extension of time

Ratio Decidendi

The sentence of 18 months' detention suspended for two years was unlawful as it exceeded the statutory maximum for suspension; the court substituted a lawful sentence of 12 months' detention suspended for two years.

Court Disposition

sentence quashed and substituted

Orders

  • Extension of time of 263 days granted
  • Leave to appeal granted