Lawlor, R. v

Lawlor, R. v

The sentence of 18 months' detention suspended for two years was unlawful as it exceeded the statutory maximum for a suspended sentence; the proper sentence is 12 months' detention suspended for two years.

Parties
Prosecutor: 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
appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Suspended Sentences, Appeals, Illegality of Sentence
Criminal Law Sentencing Suspended Sentences Appeals Illegality of Sentence

Case Brief

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Parties

Regina

Prosecutor

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 an extension of time and leave to appeal against sentence

Ratio Decidendi

The sentence of 18 months' detention suspended for two years was unlawful as it exceeded the statutory maximum for a suspended sentence; the proper sentence is 12 months' detention suspended for two years.

Court Disposition

appeal allowed; sentence quashed and substituted

Orders

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