Practice and Procedure

R V THOMAS MCINERNEY : R V ADELE MCLEAN : R V DANIEL BURGESS : R V SURINDER LEHAL : R V BHUPINDER LEHAL SUB NOM ATTORNEY-GENERAL'S REFERENCES (NOS. 31, 45, 43, 42, 50 AND 51 0F 2004) (2004)

PUBLISHED July 16, 2004
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[2004] EWCA Crim 1934

Exceptional circumstances to justify departure from the proper sentence could include the possibility that greater public protection would be provided by a community sentence rather than a custodial sentence. Consideration could be given to subsequent reports as to the offenders' behaviour since sentencing, to justify the original sentence.

CA (Crim Div) (Lord Woolf of Barnes LCJ, Forbes J, Bell J)

16/07/2004

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