[2004] EWCA Crim 867

Given that the defendant suffered from Hirschsprung's disease, a congenital bowel condition, the judge was permitted to significantly reduce a sentence for robbery and possession of a firearm with intent, however, the sentence could not be reduced so as to make it a non-custodial sentence. Accordingly an 18 month community rehabilitation order was unduly lenient and would be substituted with two years' imprisonment.

CA (Crim Div) (Judge Findlay Baker QC, Forbes J, Judge LJ)

30/03/2004

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