[2010] EWCA Crim 658

There were no public policy considerations which justified sentencing an offender convicted following a trial on the basis of the case as opened by the prosecution. A judge's duty was to pass a sentence which reflected the culpability of the offender and a trial judge was best placed to make the necessary findings of fact.

CA (Crim Div) (Lord Judge LCJ, Collins J, Griffith Williams J)

09/03/2010