Phipps, R. v

Phipps, R. v

The sentencing judge had no power to impose a sentence longer than the original suspended sentence upon breach; the only lawful course was to activate the suspended sentence of 12 months' imprisonment.

Parties
Respondent: Regina; Applicant: Stephen Donald Phipps
Jurisdiction
England and Wales
Judgment Date
07 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Breach of Suspended Sentence Order, Powers of Court on Breach
Criminal Law Sentencing Breach of Suspended Sentence Order Powers of Court on Breach

Case Brief

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Parties

Regina

Respondent

Stephen Donald Phipps

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge had power to impose a sentence greater than the original suspended sentence upon breach of a suspended sentence order
  2. 2 Proper application of Schedule 12 paragraph 8 of the Criminal Justice Act 2003

Ratio Decidendi

The sentencing judge had no power to impose a sentence longer than the original suspended sentence upon breach; the only lawful course was to activate the suspended sentence of 12 months' imprisonment.

Court Disposition

appeal allowed

Orders

  • three-and-a-half year sentence quashed
  • 12 months' imprisonment substituted, activating the suspended sentence