[2013] EWCA Crim 1283

An offender on licence after conviction for sexual offences had been inappropriately sentenced, after a 13-month delay, to a community order for an assault on a police officer while in court. To avoid the risk that any breach of the order would return him to prison, the pragmatic approach in R. v Waters (Matthew Peter) [2008] EWCA Crim 2538 was taken, and a sentence of six-months' imprisonment was substituted, which with time spent in custody would result in his immediate release.

CA (Crim Div) (Elias LJ, Edwards-Stuart J, Judge Ford QC (Recorder of Bristol) )

12/06/2013