Practice and Procedure

ATTORNEY-GENERAL'S REFERENCE (NO.96 OF 2003) SUB NOM R V SAMUEL OGNONNYA KALU (2004)

PUBLISHED June 15, 2004
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[2004] EWCA Crim 1675

In the circumstances, a sentence of three and a half years for smuggling cocaine was unduly lenient. However, account had to be taken not just of double jeopardy, and the defendant's early guilty plea, but the fact that due to a procedural irregularity at committal proceedings the defendant was in effect appearing for sentence for a second time following his original sentence, which had been quashed. A sentence of five and a half years would be substituted.

CA (Crim Div) (Hooper LJ, Bell J, Keith J)

15/06/2004

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