Practice and Procedure

R (on the application of LEES-SANDEY) v CHICHESTER CROWN COURT (2004)

PUBLISHED September 24, 2004

[2004] EWHC 2280 (QB)

Where magistrates sentenced a defendant in circumstances where they ought, because of the seriousness of the offences, to have committed him to the Crown Court for sentence, their failure to do so was irrelevant and it was not the function of the Crown Court, when dealing with an appeal against the sentence, to redress what it perceived as an earlier procedural error.

QBD (Moses J, Jackson J)