[2010] EWCA Crim 365

Where the time spent by an offender in custody awaiting sentence exceeded the length of the maximum custodial sentence that could be imposed on him, it would be wrong in principle to suspend any sentence of imprisonment ultimately imposed, because to do so would be to pass a sentence more severe in impact than the maximum sentence would have been.

CA (Crim Div) (Mackay J, Keith J)

12/02/2010