[2011] EWCA Crim 1861

A judge was wrong to apply the Criminal Justice Act 2003 s.145 when sentencing an offender for possession of a bladed article as the offence had not been racially aggravated for the purpose of the Crime and Disorder Act 1998 s.28. The overall sentence comprising eight months for racially aggravated assault with 16 months' imprisonment consecutive for possession of a bladed article was excessive and reduced to a total sentence of 16 months.

CA (Crim Div) (Elias LJ, Wyn Williams J, Sir David Clarke)

15/07/2011