Practice and Procedure

R v LEE HOGBEN (2012)

PUBLISHED May 16, 2012

[2012] EWCA Crim 1140

It was an absolute necessity that those who framed charges had an eye to the available sentencing powers. The court quashed a sentence of 12 months' imprisonment for aggravated vehicle-taking which had been entirely justified, because the way the charge had been framed meant that the Crown Court's sentencing powers had been limited to the six months available to a magistrates' court.

CA (Crim Div) (Hughes LJ, Hedley J, Maddison J)