[2007] EWCA Crim 1244

As the use of the Powers of Criminal Courts (Sentencing) Act 2000 s.85 was for rehabilitative purposes, it applied equally to relatively low levels of offending and to more serious offences, as well as to offences carrying only short custodial terms. Every case had to be decided on it facts and the decision in R. v Badiei (Ali) [2005] EWCA Crim 970 did not amount to a binding principle of law.

CA (Crim Div) (Burton J, David Clarke J)

30/04/2007