Practice and Procedure

R V EW (2004)

PUBLISHED November 9, 2004

[2004] EWCA Crim 2901

Despite a considerable passage of time between the offences and trial, a fair trial was still possible and the trial judge was aware, when refusing to stay the proceedings on the basis of the delay, that he would be able to give appropriate directions to the jury. However, in view of the offender's age, good character over many years, health and the nature of the offending, the sentence of eight years was quashed and substituted by a total sentence of six years' imprisonment.

CA (Crim Div) (Clarke LJ, Douglas Brown J, Gibbs J)