Practice and Procedure

R v RH (2012)

PUBLISHED December 7, 2012

[2012] EWCA Crim 3039

Concurrent sentences of 33 months' detention for possession with intent to supply Class A drugs were found to be unlawful, as the offender had been convicted in the magistrates' court but brought before the Crown Court for sentencing by virtue of the Criminal Justice and Immigration Act 2008 Sch.2 Pt 5 para.18(11), so the Crown Court's powers had been limited to dealing with him in any way in which the magistrates' court could have dealt with him. Two consecutive terms of six months' detention were substituted.

CA (Crim Div) (Pitchford LJ, Dobbs J, Judge Gilbert QC)