Practice and Procedure


PUBLISHED October 4, 2011

Imprisonment - Length of sentence R v Flanders: Court of Appeal, Criminal Division (Lord Justice Richards, Mr Justice Keith, Mr Justice Nicol): 20 September 2011 The Court of Appeal, Criminal Division, held that the judge had erred in principle in holding that the maximum sentence justified for the offence would be imposed on a defendant who had pleaded guilty on re-arraignment to burglary. That was contrary to the statutory requirements pursuant to section?153(2) of the Criminal Justice Act 2003 that a sentence of the shortest term commensurate with the offence should be imposed. The sentence of five years' imprisonment was quashed and substituted by a sentence of four years' imprisonment. read more