14 Jul 2004
The five-month sentence was manifestly excessive for a first offender who overstayed for just over two years without aggravating conduct; allowing credit for guilty plea and surrender, the appropriate sentence is two months' imprisonment, so the appeal against sentence is allowed and substituted accordingly.
28 Oct 1994
For a first offender convicted under s.8 who is suitable for treatment, the appropriate course is to impose a D.A.T.C. order rather than imprisonment except in wholly exceptional circumstances; the magistrate's imprisonment sentence was set aside and DATC orders substituted.
28 Oct 1994
For a first offender convicted under s.8 who is suitable for treatment, the court will, except in wholly exceptional circumstances, substitute a DATC order for immediate imprisonment; the magistrate's refusal of DATC in this case was not justified and the appellate court must set aside the custodial sentences and substitute DATC orders.