Practice and Procedure

R V DAVID GEORGE WHEATON (2004)

PUBLISHED July 26, 2004
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[2004] EWCA Crim 2270

The making of some discount in the fixing of a notional determinate sentence was not a precise mathematical exercise. Judges were required to be alive to the risk of double counting and should perform a mental balancing exercise in arriving at an appropriate discount. They must make an allowance in relation to the public risk element of the term and ensure that it was not reflected in fixing the notional determinate sentence.

CA (Crim Div) (Rose LJ, Treacy J, Sir Edwin Jowitt)

26/07/2004

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