Practice and Procedure

RE ATTORNEY GENERAL'S REFERENCE (NO. 52 OF 2013) sub nom R v PATRICK O'LEARY (2013)

PUBLISHED September 25, 2013
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[2013] EWCA Crim 1733

A suspended sentence imposed on a vulnerable adult offender following guilty pleas to making racially aggravated threats to kill and possession of an offensive weapon was unduly lenient and a sentence of two years' imprisonment would have been appropriate. However, as the offender had been released from prison, having activated and served the suspended sentence, a sentence of 15 months was appropriate, to reflect time served both on remand and following the activation.

CA (Crim Div) (Pitchford LJ, Saunders J, Spencer J)

25/09/2013

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