Criminal Sentencing - 1998

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This page lists 164 cases, and was prepared on 16 July 2011.

Regina -v- Coates Unreported, 1998
1998 CANI MacDermott LJ	Northern Ireland, Criminal Sentencing	Casemap 1 Citers
	The Court dismissed an appeal against a sentence of 10 years' imprisonment imposed for armed robbery of almost £9,000 from a bank: "Armed robbery at banks is a growing form of criminal activity and the efforts of the courts to deter do not appear to be achieving appreciable success. Accordingly we are satisfied that the present situation requires us to … to affirm that 15 years is the correct starting point when seeking to sentence a prisoner convicted of armed robbery ... that figure will, of course, be varied to reflect relevant aggravating and mitigating factors."

Regina -v- Stokes [1998] 1 Cr App R (S) 282
1998	Criminal Sentencing	Casemap 1 Citers
	The consequences of bad driving are to be taken into account when sentencing for the driving.

Regina -v- McIlwaine [1998] NI 136
1998 CANI MacDermott LJ	Northern Ireland, Criminal Sentencing	Casemap 1 Citers
	The court dismissed an appeal against a sentence of four years imprisonment for possession of 9.88 kilos of cannabis resin with a street value of £100,000: "So we return to the question—was this sentence manifestly excessive? We are satisfied that it was not. Even allowing for the early guilty plea we would not have interfered with a five-year sentence. This was a substantial quantity of cannabis, no assistance was given to the police by the appellant who already had a relevant conviction. We would repeat yet again—those who offend in this way will on conviction receive lengthy custodial sentences. The public is entitled to be protected from the evil of drug abuse and it is the duty of judges in this jurisdiction to make it clear that they will seek to discourage anyone from participating in that trade."

Regina -v- Hutton [1998] NIJB 27
1998 QBNI MacDermott LJ	Northern Ireland, Criminal Sentencing	Casemap
	"The attitude of the courts in this jurisdiction to the offence of supplying proscribed drugs is well known (see the observation of the Lord Chief Justice in Haveron and a series of subsequent cases). In short the courts in this jurisdiction view the supply or possession with intent to supply, of any controlled drug, whether of class A or class B, as a serious offence which will almost inevitably attract an immediate custodial sentence."

Ibbotson -v- United Kingdom 40146/98; [1999] Crim LR 153; (1998) 27 EHRR CD332
1998 ECHR	Criminal Sentencing, Human Rights	Casemap 1 Citers
	While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a "penalty" within the meaning of Article 7. The registration requirements applied automatically to an offender in the applicant's position in that case and the judge had no role in the imposition of the Act's requirements. Held: "Overall the Commission considers that, given in particular the way in which the measures imposed by the Act operate completely separately from the ordinary sentencing procedures, and the fact that the measures do not, ultimately, require more than mere registration, it cannot be said that the measures imposed on the applicant amounted to a 'penalty' within the meaning of Article 7 of the Convention."
	Sex Offenders Act 1997

Regina -v- Derrick Anthony Borthwick (Also Known As Derrick Anthony Scollick) [1998] EWCA Crim 8
12 Jan 1998 CACD	Criminal Sentencing
	Appeal against sentences for sexual offences.
	Link[s] omitted

Regina -v- Ronchette and Others
14 Jan 1998 CACD	Criminal Sentencing
	Review of sentencing guidelines for importation of large amounts of cannabis. The guideline sentences are to be reduced.
	Misuse of Drugs Act 1981

Regina -v- Secretary of State for the Home Department ex parte Kitaya
20 Jan 1998 QBD	Criminal Sentencing
	Time on remand can only count once toward sentence and for offence for which on remand; no other sentence unless concurrent or consecutive.

Regina -v- Nigel Barrett [1998] EWCA Crim 207
22 Jan 1998 CACD	Criminal Sentencing
	[ Bailii ]

Practice Direction (Custodial Sentences: Explanations) [1998] 1 WLR 278
24 Jan 1998 LCJ Lord Bingham of Cornhill CJ	Criminal Sentencing	Casemap 1 Citers
	Courts sentencing offenders to imprisonment are now to explain the effect of remission etc in open court when sentencing; the exact form of words was set out.

Regina -v- Governor of Glen Parva Young Offenders Institution Ex Parte G
24 Jan 1998 QBD	Criminal Sentencing
	The court may not hold defendant arrested for breach of bail conditions after 24 hours after arrest. Bringing the defendant to the court building within the time limit is not enough, the case against the defendant must actually be heard within the time limit.
	Bail Act 1976 7(4)(a)

Regina -v- Fadden
26 Jan 1998 CACD	Criminal Sentencing
	In assessment of proceeds of drug trafficking, court not to treat money launderers as a special case despite statutory distinction.
	Drug Trafficking Offenders Act 1994 4(5)

Regina -v- Daniel Joseph Griffin [1998] EWCA Crim 283
29 Jan 1998 CACD	Criminal Sentencing
	One count of wounding with intent, being in breach of his prison licence.
	Link[s] omitted

Regina -v- Sheffield Youth Justices ex parte M
29 Jan 1998 QBD	Criminal Sentencing
	Courts which were considering detaining an offender between 12 and 15 years old should be asked to consider the new section 1 even though the section was not yet in force.
	Criminal Justice and Public Order Act 1994 1 - Children and Young Persons Act 1933

Regina -v- Hussein Kaynak Tomas Honz Muslum Simsek Ali Aksu [1998] EWCA Crim 356
3 Feb 1998 CACD	Criminal Sentencing	Casemap 1 Cites
	The case involved the importation of 100 kilos of heroin at 100% purity, with a street value of £14 million, a sentence of 30 years imposed upon a high middle-ranking participant in the conspiracy following trial was reduced from 30 years to 24 years, the sentence upon a less important mid-ranker who had pleaded guilty being reduced from 20 to 15 years.
	Customs and Excise Management Act 1979 170(2)(b)
	Link[s] omitted

Regina -v- Christopher Korneiew [1998] EWCA Crim 383
4 Feb 1998 CACD	Criminal Sentencing	Casemap 1 Cites 1 Citers
	Appeal against sentence for frauds.
	Link[s] omitted

Regina -v- Hastings and Rother Justices ex parte David Graham Anscombe [1998] EWHC Admin 146; (1998) 162 JP 340
5 Feb 1998 Admn Schiemann LJ	Criminal Sentencing	Casemap 1 Citers
	Link[s] omitted

Regina -v- Craig George William Dixon [1998] EWCA Crim 438
9 Feb 1998 CACD	Criminal Sentencing
	Indecent Assault.
	Link[s] omitted

Regina -v- Harwarden Justices ex parte Mark Anthony Evans [1998] EWHC Admin 160
10 Feb 1998 Admn	Magistrates, Criminal Sentencing
	Application for judicial review of a decision committing the applicant to a period of 20 days' imprisonment for failure by reason of culpable neglect to meet a requirement to pay his community charge.
	Link[s] omitted

Regina -v- Secretary of State for the Home Department ex parte Kitaya
11 Feb 1998 QBD	Criminal Sentencing
	Time on remand can only count once toward sentence and for offence for which on remand; no other sentence unless concurrent or consecutive.

Regina -v- Ball, Regina -v- Rugg
17 Feb 1998 CMAC	Criminal Sentencing, Armed Forces
	A sentence to military detention is more severe than is civil imprisonment because the system provided less remission. A simple substitution of sentence guidelines from non-military courts was wrong.
	Army Act 1955 71

Regina -v- Mcmaster; Regina -v- Case
20 Feb 1998 CACD	Criminal Sentencing
	Exemplary sentences (4 and 3 years) are required for group attack kicking and otherwise attacking the victim on the ground.

Attorney General's Reference No 46 of 1997 (Afraz Zaman) [1998] EWCA Crim 620
20 Feb 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Patricia Rayson [1998] EWCA Crim 680
24 Feb 1998 CACD	Criminal Sentencing
	Protection from Harassment Act 1997 5
	Link[s] omitted

Regina -v- Hunter (Glen Ronald)
26 Feb 1998 CACD	Criminal Sentencing
	Drunken misbehaviour on an airplane even though not causing immediate danger still justified prison sentence of six months.

Regina -v- Anomo
26 Feb 1998 CACD	Criminal Sentencing
	Crown Court has power to order sentence consecutive to contempt sentence imposed by civil court even though indeterminate.

Regina -v- Sean McConnon [1998] EWCA Crim 731
27 Feb 1998 CACD	Criminal Sentencing
	Sentnce for burglary reduced from 6 years to four and a half.
	Link[s] omitted

Regina -v- Sakir Kayar [1998] EWCA Crim 753; [1998] 2 Cr App R (S) 355
2 Mar 1998 CACD	Criminal Sentencing	1 Cites 1 Citers
	A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin.
	Customs and Excise Management Act 1979 170(2)
	Link[s] omitted

Regina -v- Amjad Mirza [1998] EWCA Crim 762
3 Mar 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Tonnessen
3 Mar 1998 CACD	Criminal Sentencing
	If offence might not have been committed but for entrapment, this is to be reflected openly in the sentence; particularly if by journalist.

Regina -v- John Patrick Farrow Wilsdon [1998] EWCA Crim 775
3 Mar 1998 CACD Brian Walsh QC, Waller LJ, Hooper LJ	Criminal Sentencing, Road Traffic
	The defendant renewed his application for leave to appeal against his sentence of twelve months imprisonment after conviction for causing death by dangerous driving. He had been driving a slow moving agricultural vehicle along a road. It was evening, and the vehicle was being driven without lights. The other driver had come upon the farm vehicle and been obliged to overtake to avoid a collision. The overtaking vehicle ran head first into an oncoming vehicle, and the driver died. Some of the lights on the appellant's vehicles were obscured by mud, and other parts of the trailer or had been removed. Held: "The gravamen of this case, and indeed this type of case, lies in causing that vehicle to go out on to the road at that time of day in the condition in which it was, that is to say dusk or dark, as the witnesses say, with no visible lights. Instead of walking the short, five to ten minutes (if that), distance home to collect another vehicle, the applicant decided to take a chance and thereby take a risk of the safety of anyone who happened to be driving along the road behind him or, indeed, to a certain extent, in front of him. That was a dangerous thing to do, and it should have become obvious; indeed on the basis of what he said to the police it was obvious, both to the applicant and to any careful and competent person. An immediate custodial sentence was required" The sentence was in no way excessive or wrong. Leave refused.
	Link[s] omitted

Regina -v- Mark Anthony Hawkins [1998] EWCA Crim 839
6 Mar 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Neville Derek George Cannon [1998] EWCA Crim 869
10 Mar 1998 CACD	Criminal Sentencing
	Cultivating cannabis - possession of firearm.
	Link[s] omitted

Regina -v- Secretary of State for the Home Department and Another, ex parte Francois [1998] UKHL 11; [1999] AC 43; [1998] 1 All ER 929; [1998] 2 WLR 530
12 Mar 1998 HL	Criminal Sentencing	Casemap 1 Citers
	When both consecutive and concurrent sentences are being served, they are to be combined into one term in order to calculate the prisoner's release date, even if separately imposed.
	Criminal Justice Act 1991 33
	Link[s] omitted

Regina -v- Secretary of State For The Home Department Ex Parte Stafford [1998] UKHL 30; [1999] AC 38; [1998] 4 All ER 7; [1998] 3 WLR 372
12 Mar 1998 HL Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Steyn, Lord Clyde	Criminal Sentencing	Casemap 1 Cites 1 Citers
	The Home Secretary had the right not to follow a Parole Board's recommendation to release a prisoner after the service of the tariff part of his sentence, where he was satisfied that the offender would commit further offences, even if those offences might be expected to be non-violent.
	Link[s] omitted

Regina -v- Joseph Kevin Darroch [1998] EWCA Crim 952
17 Mar 1998 CACD	Criminal Sentencing
	Leave to appeal given.
	Link[s] omitted

Regina -v- City of London Justices Ex Parte Chapman
17 Mar 1998 QBD	Criminal Sentencing
	Non-payment under confiscation order not imprisonable so parolee not properly imprisoned for sentence in default.
	Drug Trafficking Offences Act 1986 6

Regina -v- Zafar, Browne, Green [1998] EWCA Crim 1019
20 Mar 1998 CACD	Criminal Sentencing
	A conspiracy to make a false oath to support false applications for marriage licences, and for entry permissions, should be sentenced on the same basis as a conspiracy to facilitate illegal entry.
	Link[s] omitted

Regina -v- Anthony Charles Manning [1998] EWCA Crim 1087
26 Mar 1998 CACD	Criminal Sentencing
	Wounding with intent to cause grievous bodily harm.
	Link[s] omitted

Regina -v- Daniel Lee Rafferty (1998) 2 Cr App R (S) 449, 450; [1998] EWCA Crim 1126
30 Mar 1998 CACD	Criminal Sentencing	Casemap 1 Citers
	A defendant indicating guilt at the plea before venue hearing was entitled to greater discount for that guilty plea than a defendant entering plea at the pre trial review at Crown Court. Crown Courts are to reduce sentencing discounts accordingly.
	Magistrates Courts Act 1980 17A 17B 17C
	Link[s] omitted

Regina -v- Terry Roberts [1998] EWCA Crim 1158
31 Mar 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Secretary of State for Home Department ex parte Ali Dinc [1998] EWHC Admin 403; [1999] 1NLR 256
3 Apr 1998 Admn Henry LJ	Criminal Sentencing, Immigration, Human Rights	Casemap 1 Cites 1 Citers
	The applicant had been sentenced to five years imprisonment for possession of heroin with intent to supply. Held: In making the decision whether under the Immigration Rules, a deportation order should be made, the Secretary of State was "..better placed to take a wider policy based view on the key question as to whether in the language of [the guidance known as] DP/2/93, removal can be justified as necessary in the interests of a democratic society."
	Link[s] omitted

Regina -v- Darren Bowden [1998] EWCA Crim 1187
6 Apr 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Darren James Marklew James Wilson Lambert [1998] EWCA Crim 1188; [1999] 1 Cr App R (S) 6
6 Apr 1998 CACD	Criminal Sentencing	1 Citers
	Criminal Justice Act 1991 34(2)(b)
	Link[s] omitted

Regina -v- M (Young Offender: Time In Custody on Remand); Regina -v- L (Young Offender: Time In Custody on Remand)
7 Apr 1998 CACD	Criminal Sentencing
	When sentencing a young offender to a discretionary life sentence time spent on remand should be credited by making allowance before fixing the notional determinate part of the sentence, and specify the time before parole.
	Crime (Sentences) Act 1997

Regina -v- Loff James Lennon [1998] EWCA Crim 1216; [1999] 1 Cr App R (S) 19
7 Apr 1998 CACD	Criminal Sentencing	Casemap 1 Citers
	Link[s] omitted

Regina -v- Tolera [1998] EWCA Crim 1219; [1999] 1Cr App R 29
7 Apr 1998 CACD Lord Bingham LCJ	Criminal Practice, Criminal Sentencing	Casemap 1 Citers
	A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant's account, as disclosed to a probation officer for the purposes of a pre-sentence report, differed from the Crown's case, the defendant should draw the passage to the attention of the court and if the court did not accept a defendant's account it should make that clear before sentence.
	[ Bailii ]

Regina -v- Karl Michael Hawkins [1998] EWCA Crim 1277
22 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford Qc	Criminal Sentencing
	The defendant appealed against a sentence of six years imprisonment for arson being reckless as to whether life was endangered. He had set fire to his flat in a tower block. The neighbour was an elderly housebound lady. The offence was very serious, but nobody was hurt, and the sentence was out of line with other sentences for similar offences, and was reduced to four and a half years.
	Criminal Damage Act 1971 1(2) 3
	Link[s] omitted

Regina -v- Leslie Roy Wren [1998] EWCA Crim 1275
22 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC	Criminal Sentencing
	The defendant appealed against a sentence of twelve years for burglary with intent to rape. The victim was an acquaintance, and though violence was used, he abandoned the attempt. He was of good previous character, and indicated from the time of interview that he regretted what he had done, and indicated a guilty plea from the earliest stage possible. Twelve years was manifestly too long, and nine years was substituted.
	Link[s] omitted

Regina -v- Anthony Azuris Brown [1998] EWCA Crim 1269
22 Apr 1998 CACD	Criminal Sentencing	Casemap 1 Cites
	The appellant appealed a sentence of 18 months imprisonment for dwelling house burglaries, ordered to be served consecutively to a sentence of 2.5 years for similar offences. The combination turned him into a long term prisoner, who would have to serve two thirds of the full term, rather than half of each. He had admitted the second set of offences in order to attempt to wipe the slate clean. The court should have allowed for the altered effect, and a sentence of 15 moths consecutive was imposed, which reduced the total under the long term minimum.
	Criminal Justice Act 1991 33, 61(2)
	Link[s] omitted

Regina -v- Peter George Wakeley [1998] EWCA Crim 1270
22 Apr 1998 CACD	Criminal Sentencing
	The applicant had been sentenced for supplying Class A and Class B Drugs. The judge treated as an aggravating feature the fact that he had supervised a 16 year old youth in supplying drugs. His appeal was refused. That was a substantial aggravating factor.
	Link[s] omitted

Regina -v- John Hoy [1998] EWCA Crim 1272
22 Apr 1998 CACD	Criminal Sentencing
	The appellant had been convicted of assorted offences of making threats to kill and assault. He appealed against sentence of three years. He had not been to prison before, had had a good work record, and had been under pressure. Nevertheless, the offence was serious, and had included assaulting a police officer with a chair, causing permanent damage. The sentence was appropriate.
	Link[s] omitted

Regina -v- Andrew Stanley Cole [1998] EWCA Crim 1274
22 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford QC	Criminal Sentencing
	The defendant having been convicted of drug offences was subject to an application for confiscation of his assets. For various reasons, including the illness of the judge, the decision was not made within the 6 month period. The court held that the postponement having been made in open court by the judge within the period, it was up to him to decide whether the circumstances were exceptional. The order stood.
	Drug Trafficking Act 1994 3(1)
	Link[s] omitted

Regina -v- Abrar Ahmed [1998] EWCA Crim 1276
22 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC	Criminal Sentencing
	The defendant was convicted of offering to supply class A drugs. The prosecution opened the case in detail and on a basis which allowed confusion as to certain offences not admitted. The judge continued the confusion, and sentenced him to eight years. The court of appeal held that there was no evidence that he had in fact supplied Class A drugs, and the sentence was reduced to four and a half years.
	Link[s] omitted

Regina -v- Robin Peter Gray [1998] EWCA Crim 1273
22 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford Qc	Criminal Sentencing
	Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the case was not exactly of the nature of the offence for which he was on licence, it was wrong to disregard the potentially violent character of the offence and the short period since release. It was appropriate to order his return to prison to serve the balance of his sentence.
	Criminal Justice Act 1991 40 - Public Order Act 1986 23(1)
	[ Bailii ]

A & B, Regina -v- [1998] EWCA Crim 3529; [1999] 1 Cr App R (S) 52
23 Apr 1998 CACD Lord Bingham of Cornhill LCJ, Tirner J, Penry-Davey J	Criminal Sentencing	1 Citers
	The two defendants appealed sentences for being involved in importation of drugs. They said that they had assisted the police.
	Link[s] omitted

Regina -v- Paul Franklin [1998] EWCA Crim 1281
23 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford Qc	Criminal Sentencing
	The appellant was sentenced to four years imprisonment for drugs offences. Since his arrest, he was able to demonstrate a complete change in his life style, having abandoned any connection with his former acquaintances and lifestyle. His sentence was reduced to twelve months to allow an almost immediate release.
	Link[s] omitted

Regina -v- Timothy Brent Dixon [1998] EWCA Crim 1282
23 Apr 1998 CACD Judge J, Mitchell J, Crawford QC J	Criminal Sentencing
	The appellant left court having been sentenced for possession of cannabis. Within two days had had been twice arrested for possession, and with intent to supply, and for having an offensive weapon. Sentences of six and eighteen months were reduced to a total of eighteen months for the drugs offences.
	[ Bailii ]

Regina -v- Dennis John Leckey [1998] EWCA Crim 1291
23 Apr 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Paul Michael Ollerenshaw [1998] EWCA Crim 1306
23 Apr 1998 CACD	Criminal Sentencing	Casemap 1 Citers
	Possession of false passport.
	Link[s] omitted

Regina -v- Alfred Atie [1998] EWCA Crim 1280
23 Apr 1998 CACD Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC	Criminal Sentencing, Health
	The defendant appealed against a sentence of imprisonment for robberies. He had a history of mental illness and had been diagnosed schizophrenic. He applied to be made subject to an order under the Act, which would replace the sentence with a treatment order, and agreed to be made subject to an extended restriction order. The court considered that hopeful, and made the treatment order, but without the further restriction.
	Mental Health Act 1983 37, 41
	Link[s] omitted

Regina -v- Michael Tivnan [1998] EWCA Crim 1370; [1999] 1 Cr App R(S) 92
27 Apr 1998 CACD Rose LJ	Criminal Sentencing	Casemap 1 Citers
	Link[s] omitted

Regina -v- L (Indecent Assault: Sentencing)
28 Apr 1998 CACD	Criminal Sentencing
	Where the statutory maximum for sentence had been altered, any sentence based on guideline cases in force before the alteration had to be looked at in the light of the maximum applying at the time.

Regina -v- Adam James Edward Hay [1998] EWCA Crim 1384; CA Crim 1384
28 Apr 1998 CACD Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham, His Honour Judge Peter Crawford Qc	Criminal Sentencing
	The appellant was convicted of receiving stolen goods, a car. He was sentenced to 200 hours community service, and to pay £500.00 costs. He said that the recorder had not allowed for the fact that he had acquired the vehicle innocently, but only later come to have clear suspicions as to their origin. The court regretted that there was no agreed written basis for the plea. The appeal against the hours ordered failed, but the applicant had no resources to pay the costs, and the order was wrong.
	Link[s] omitted

Regina -v- Barry Wright, (Aka Stringer) CA Crim 1385
28 Apr 1998 CACD Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham His Honour Judge Peter Crawford Qc (Acting As A Judge Of The Court Of Appeal Criminal Division)	Criminal Sentencing
	The defendant had been convicted of stealing whisky from a shop, assaulting an assistant who tried to stop him, and giving a false name. He had a terrible record, and was on probation, and on bail. He was sentenced to three years. He appealed. Although the court felt he had been under-sentenced in the past, the total was too long, in view of his youth. The total was reduced to two years.
	Link[s] omitted

Regina -v- Brian James Mould, Stephen Patrick Edwards, Christian Harold Leivers [1998] CA Crim 1386
28 Apr 1998 CACD	Criminal Sentencing
	The defendant pleaded guilty to a small scale commercial burglary, and similar domestic burglary, in each case with older accomplices. It was held that the starting point for sentencing the older men was too high, insufficient account being taken of the guilty pleas. In view of the apparently determined reform of the younger appellant his sentence was reduced also.
	Link[s] omitted

Regina -v- Ian Blackburn [1998] EWCA Crim 1389; CA Crim 1389
28 Apr 1998 CACD Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham His Honour Judge Peter Crawford Qc	Criminal Sentencing
	The defendant appealed sentences in respect of convictions for robbery and the supply of Class A drugs. The totality of sentences over two indictments was six years. The individual sentences were correct, and the consecutive sentencing was correct, but the total was excessive. The sentence was reduced to five years by taking six months each of the two longer sentences on the separate indictments.
	[ Bailii ]

Regina -v- Ian Blackburn CA Crim 1383
28 Apr 1998 CACD Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham His Honour Judge Peter Crawford QC	Criminal Sentencing
	The appellant was sentenced to a total of six years for offences of robbery and supply of Class A drugs. Although the sentences separately were correct, the combined effect was too much. The combined total was reduced to five years.
	Link[s] omitted

Regina -v- Stuart Wood and Jonathan Maguire [1998] EWCA Crim 1439; [1998] Crim LR 213
30 Apr 1998 CACD	Criminal Sentencing	Casemap 1 Cites 1 Citers
	Criminal Justice Act 1988 23
	Link[s] omitted

Regina -v- Barjinder Singh Dosanjh [1998] EWCA Crim 1450; [1998] 3 All ER 603; [1999] 1Cr App R (S)107
1 May 1998 CACD	Customs and Excise, Criminal Sentencing	Casemap 1 Citers
	In cases involving repeated, and continuing abuse of the personal import allowances system, courts should pay less attention to mitigating factors. The standards for prison terms for different values and the court gave giuidance as to when consecutive offences were correct.
	Customs and Excise Management Act 1979 170(1)(b)
	[ Bailii ]

Regina -v- A (Informer: Reduction of Sentence); Regina -v- B (Same)
1 May 1998 CACD	Criminal Sentencing
	A defendant pleading guilty, and giving significant help to the police may be given a discount on sentence and if sentencer fails to allow proper discount this may be corrected on appeal.

Regina -v- Ollerenshaw
6 May 1998 CACD	Criminal Sentencing
	Where a court was considering a short term of imprisonment, the court should ask itself whether a term shorter than usual could be employed without reducing the deterrent effect.

Regina -v- David Riggs Aka Martindale [1998] EWCA Crim 1504
8 May 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Central Criminal Court ex parte David Francis Fraser [1998] EWHC Admin 507
8 May 1998 Admn	Criminal Sentencing
	Link[s] omitted

Regina -v- Christopher James Blewett [1998] EWCA Crim 1582
14 May 1998 CACD	Crime, Criminal Sentencing
	Convictions on three counts of rape and one count of indecent assault, and he was sentenced to serve ten years' imprisonment. Appeal against conviction and sentence.
	Link[s] omitted

Regina -v- Michael Davis and Martin Davis [1998] EWCA Crim 1589
14 May 1998 CACD	Criminal Sentencing
	Appeal against sentences for false imprisonment - two shopkeepers taking law into own hands.
	Link[s] omitted

Regina -v- Tristan Andrew Lamour Michael Tesfa Bailey [1998] EWCA Crim 1598
14 May 1998 CACD	Criminal Sentencing
	Robbery.
	Link[s] omitted

Regina -v- B (Young Offender: Sentencing Powers)
14 May 1998 CACD	Criminal Sentencing
	There should be a recognition of the need for flexibility in youth sentencing. In the section 'suitable' can mean more than just the length of a sentence and allowance made for therapeutic needs
	Children and Young Persons Act 1933 44 53(3)

Regina -v- Poulton, Thomas, and Manning [1998] EWCA Crim 1622
18 May 1998 CACD	Criminal Sentencing
	Robbery.
	Link[s] omitted

Gilding -v- Director of Public Prosecutions
20 May 1998 QBD	Criminal Sentencing
	Magistrates could not pass separate probation and community service sentences at same sentencing hearing, must allow for restrictions of combination orders
	Criminal Justice Act 1991 6 11

Regina -v- Latif and Latif [1998] EWCA Crim 1689
21 May 1998 CACD	Criminal Sentencing
	The defendants appealed their sentences for the fraudulent evasion of excise duty payable on goods, namely 154 cartons of Benson & Hedges cigarettes.
	Link[s] omitted

Regina -v- Wijs and Related Appeals
21 May 1998 CACD	Criminal Sentencing
	New sentencing guidelines for importation of substantial quantities of amphetamines. Greater dilution and profit made comparison with cannabis importation unhelpful.
	Misuse of Drugs Act 1981

Regina -v- Stratford Youth Court ex parte S
28 May 1998 QBD	Criminal Sentencing
	Youths before courts are subject to standard 56 day custody time limit. A court deciding whether to commit a youth to secure accommodation, may admit hearsay evidence on the need for such care.
	Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)

Regina -v- Brian Roberts [1998] EWCA Crim 1738
2 Jun 1998 CACD	Criminal Sentencing
	Link[s] omitted

Attorney General's Reference No 7 of 1998 (Richard Berkeley) [1998] EWCA Crim 1736
2 Jun 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Beckford [1998] EWCA Crim 1771
4 Jun 1998 CACD	Criminal Sentencing
	Appeal against sentence for fraudulent importing of controlled drugs.
	Link[s] omitted

Regina -v- Paul Patrick McCann [1998] EWCA Crim 1769
4 Jun 1998 CACD	Criminal Sentencing
	Assault occasioning actual bodily harm.
	Link[s] omitted

Regina -v- Mark Griffin [1998] EWCA Crim 1791
5 Jun 1998 CACD	Criminal Sentencing
	Arson with intent to endanger life, causing grievous bodily harm with intent to cause grievous bodily harm.
	Link[s] omitted

Regina -v- Osman [1998] EWCA Crim 1844
9 Jun 1998 CACD Kennedy LJ	Criminal Sentencing	Casemap 1 Cites
	The Court upheld a sentence of 9 months' imprisonment for possession of a false passport. Hadzic was followed and Takyi was criticised on the basis that photograph substitution was not a significant distinction. Takyi: "should be treated as confined to its own facts and should not be used as an indication of the type of sentence appropriate in this type of case. That is not said out of any lack of sympathy for those who find themselves in the position of this appellant. Nevertheless, for guidance we consider that it is necessary in the future to have regard to the earlier case of Hadzic, for the reasons indicated by Judge Thorpe in the present case that here it is necessary to deal with an offence which has become prevalent. Even when a defendant is under considerable personal pressure, as for example when he is a refugee seeking a decision in relation to an application for political asylum, his conduct cannot be excused if he defies the law and attempts to leave the country by using a passport which is not his, whether or not it has been altered. The Customs and Excise authorities have a difficult and responsible job in attempting to control the flow of people into and out of the United Kingdom and the courts must, when appropriate, play their part in supporting the authorities. They must try when sentencing so far as possible to discourage others who may be tempted to abuse the system in the way that this appellant patently attempted to abuse it."
	[ Bailii ]

Regina -v- Clark
10 Jun 1998 CACD	Criminal Sentencing
	New sentencing guidelines and standards were given for cases of theft by an employee or in breach of trust. There should be a reduction to account for inflation. 21 months for theft of 17,500 after a not guilty trial is the new benchmark.
	Theft Act 1968 1

Regina -v- Stephen Walton [1998] EWCA Crim 1904
11 Jun 1998 CACD	Criminal Sentencing
	Causing death by dangerous driving.
	Link[s] omitted

Regina -v- Samuel Kerrigan [1998] EWCA Crim 1902
11 Jun 1998 CACD	Crime, Criminal Sentencing
	Robbery and having a firearm with intent to commit an indictable offence.
	Link[s] omitted

Regina -v- Lincoln Lester Ricketts [1998] EWCA Crim 1890
11 Jun 1998 CACD	Criminal Sentencing
	Wounding with intent to cause grievous bodily harm.
	Link[s] omitted

Regina -v- Michael Colin Bingley [1998] EWCA Crim 1892
11 Jun 1998 CACD	Criminal Sentencing
	Aggravated vehicle taking, driving whilst disqualified.
	[ Bailii ]

Regina -v- KO [1998] EWCA Crim 1929
15 Jun 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Gavin Paul Bloomfield [1998] EWCA Crim 1951
16 Jun 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Southend Justices Parole Board ex parte Glen Keys [1998] EWHC Admin 643
16 Jun 1998 Admn	Criminal Sentencing
	The defendant challenged decisions to remit his case to the Crown Court for sentencing and of the Parole Board to revoke his licence.
	Link[s] omitted

Regina -v- Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) [1998] EWCA Civ 1042; [1999] QB 1043
19 Jun 1998 CA Lord Woolf MR, Judge LJ, Roch LJ (dissenting)	Torts - Other, Criminal Sentencing, Damages	Casemap 1 Cites 1 Citers
	The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different method of calculation. If that new method of calculation was adopted the plaintiff had been detained for 59 days too long. The plaintiff claimed damages for false imprisonment. Held: The retrospective effect of the change in the law produced by the last Divisional Court decision prevented the Governor from relying as a defence on the law as it had been declared by the earlier Divisional Court decisions which at the time of the 59 days' detention laid down the relevant law. Court decisions on the application of rules for the calculation of 'time served' whilst a prisoner awaited trial are retrospective in effect. Damages for wrongful imprisonment were to be calculated on basis of the decision made subsequent to the prisoner's release. The idea of the prospective overruling of a judgment has much to commend it.
	Criminal Justice Act 1991 33 41 51
	Link[s] omitted

Regina -v- Manning [1999] QB 980; [1998] EWCA Crim 2074; [1998] EWCA Crim 2073; [1999] Crim LR 151; [1999] 2 WLR 430; [1998] 2 Cr App R 461; [1998] 4 All ER 876
24 Jun 1998 CACD	Crime, Criminal Sentencing	Casemap 1 Cites
	The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, not only for the defendant to be physically within the jurisdiction, but also that the act needed to complete the offence, here the crediting of the money, had to take place within the jurisdiction. This rule had not been replaced by a theory that an offence would be triable in England even if the last act did not take place here provided that there was nothing contrary to international comity in the English court assuming jurisdiction. The Crown Court had no jurisdiction to try the counts on the indictment.
	Theft Act 1968 17(1) 20(2)
	Link[s] omitted

Regina -v- B (Candi) (Young Offender: Sentencing Powers)
24 Jun 1998 CACD	Criminal Sentencing
	There should be a recognition of the need for flexibility in youth sentencing. In the section 'suitable' can mean more than just the length of a sentence and allowance made for therapeutic needs.
	Children and Young Persons Act 1933 44 53(3)

Regina -v- Lennon
1 Jul 1998 CACD	Criminal Sentencing
	In cases of sex assault, it was dangerous to apply tariffs. Each case is to be judged on its own facts, and also viewed against the light of the statutory sentencing regime applying at the time of the offences

Regina -v- Paul Thomas Mcmullen [1998] EWCA Crim 2221
3 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Attorney General's Reference No 55 of 1997 (Paul Dainty) [1998] EWCA Crim 2203
3 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Anthony Charles Roberts [1998] EWCA Crim 2231
7 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Attorney General's Reference No 66 of 1997 (Anthony Charles Roberts) [1998] EWCA Crim 2232
7 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Feltham Justices ex parte Sharmake Haid [1998] EWHC Admin 744
13 Jul 1998 Admn	Criminal Sentencing
	Link[s] omitted

Regina -v- Kempster [1998] EWCA Crim 2312
13 Jul 1998 CACD	Criminal Sentencing
	Appeal against sentence of 4 months' detention in a young offender institution for an offence of violent disorder. Appeal succeeded.
	Link[s] omitted

Attorney General's Reference No 32 of 1998 (Roy Gilkes) [1998] EWCA Crim 2380
17 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Opuku [1998] EWCA Crim 2395
20 Jul 1998 CACD	Criminal Sentencing	Casemap
	Possession of false passport.
	Link[s] omitted

Regina -v- Simon Alexander Roberts [1998] EWCA Crim 2409
21 Jul 1998 CACD	Crime, Criminal Sentencing
	Attempted Murder
	Link[s] omitted

Regina -v- Dover Youth Court Ex Parte K (A Minor)
22 Jul 1998 QBD	Criminal Sentencing
	The Court was not entitled, when combining sentences of a youth, to make a total order allowing detention to include sentences for offences which themselves were under the statutory two month minimum.
	Criminal Justice Act 1982 1A(3) 4A

Regina -v- Craig Charles Harley [1998] EWCA Crim 2484
29 Jul 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Manning [1998] EWCA Crim 2496
29 Jul 1998 CACD Henry LJ,Sir Patrick Russell, Beaumont QC J	Criminal Sentencing
	Link[s] omitted

Regina -v- Howells; Regina -v- Ashby; Regina -v- Glowacki; Regina -v- Robson and Howard; Regina -v- Jarvis; Regin -v- Marston; Regina -v- Shanoor [1998] EWCA Crim 2515; [1999] 1 Cr App R (S) 335
30 Jul 1998 CACD	Criminal Sentencing	Casemap 1 Citers
	The threshold criterion for imprisonment that 'so serious that only custodial sentence justified' was not best described in terms of view of 'right thinking members of the public' but rather the court should look to the need to protect the public and other aims. A community penalty might in some cases be appropriate on a plea by a first time offender even where other adults were involved and the offence was organised.
	Criminal Justice Act 1991 1(2)(a) - Criminal Justice Act 1991 1 2
	Link[s] omitted

Regina -v- William Clive Roberts [1998] EWCA Crim 2598
1 Sep 1998 CACD	Criminal Sentencing
	Police officer convicted of theft.
	Link[s] omitted

Regina -v- Mitchell
4 Sep 1998 CACD	Criminal Sentencing
	Court sentencing for criminal damage by fire (arson) being reckless as to whether life endangered must allow for several factors; nature of premises; whether likely to be occupied; degree of planning; motive; direction at a particular individual etc.

Regina -v- Amin Naman [1998] EWCA Crim 2622
18 Sep 1998 CACD	Criminal Sentencing	Casemap 1 Cites 1 Citers
	The Court reduced a sentence of 9 months to 4 for the possession of a false passport.
	Link[s] omitted

Regina -v- Harvey
23 Sep 1998 CACD	Criminal Sentencing
	When imposing a criminal confiscation order it was within a judge's proper discretion to conclude on uncertain matters. This could include as here a valuation of a property and a judgement whether a charge on the property was unlikely to be enforced, and should be disregarded in calculating values available for order.
	Criminal Justice Act 1988 74(4)

Regina -v- Darren Paul Wood [1998] EWCA Crim 2661
25 Sep 1998 CACD	Criminal Sentencing
	The defendant appealed sentences of two months' imprisonment on each of three counts of handling stolen goods and one month's imprisonment concurrent in relation to the possession of some cannabis. Held: Tbe sentences arose from a premeditated shoplifting spree. The sentence was correct, but a shorter sentence would have met the requirements of justice, and a sentence of 28 days was substituted.
	Link[s] omitted

Attorney General's Reference No 17 of 1998 (Ellen Marie Stokes) [1998] EWCA Crim 2720; [1999] 1 Cr App R (S) 407
2 Oct 1998 CACD Rose LJ	Criminal Sentencing	Casemap 1 Citers
	The court considered the propriety of a reference of a sentence where the defendant had been given an indication of a likely sentence: "... if it were the position that a legitimate expectation of a lenient sentence prior to a plea of guilty, was a sufficient reason for this Court not to exercise its powers under section 36 ... the whole purpose of those powers would, as it seems to us, be set at naught. Anyone who pleads guilty to an offence ... must ... be taken to do so in recognition of the risk that, if a lenient sentence is passed, that may give rise to an Attorney-General's Reference to this Court, on which this Court may increase the sentence passed..."
	Link[s] omitted

Regina -v- Carl Anthony Lowe Stephen Lee Samuel Adair [1998] EWCA Crim 2722
2 Oct 1998 CACD	Criminal Sentencing
	[ Bailii ]

Regina -v- Adrian Paul Newton [1998] EWCA Crim 2762
5 Oct 1998 CACD	Criminal Sentencing
	The defendant appealed a sentence of five years for supplying heroin. He had no previous convictions, and had been injured in service as a fireman. He had fallen into financial difficulties and taken in lodgers, who had been dealing the drugs. He knew of their activities, and taken part, but his involvement was peripheral. He had pleaded guilty. A sentence of three years was substituted.
	Link[s] omitted

Regina -v- Harper; Regina -v- Sabin
12 Oct 1998 CACD	Criminal Sentencing
	The court was right to look beyond the facts of the instant case, and at the defendant's background history, when assessing whether it was necessary to impose an additional sentence for the protection of the public from a violent offender.
	Criminal Justice Act 1991 2(2)(b)

Regina -v- General Officer Commanding, Second Division, the Army and Another, Ex Parte Buchanan (Chris Lee); Regina -v- Same Ex Parte Fals (Raymond Carbery) [1998] EWHC Admin 955
14 Oct 1998 QBD	Criminal Sentencing, Armed Forces
	When reviewing sentences imposed by military courts, the divisional court should not become an alternative Court of Appeal, but should still look at the overall position. The different treatments of time in close custody and on remand must be allowed for.
	[ Bailii ]

Regina -v- Van Bingh Le; Regina -v- Stark
15 Oct 1998 CACD	Criminal Sentencing
	A conviction for aiding entry of illegal immigrant will almost invariably lead to immediate imprisonment. Repeated offences, financial gain, involving relatives, and highly organised conspiracy were all aggravating factors.
	Immigration Act 1971 25(1)(a)

Regina -v- Nigel Mark Roberts [1998] EWCA Crim 3004
22 Oct 1998 CACD	Criminal Sentencing
	Fraudulent evasion of duty chargeable upon goods.
	Link[s] omitted

Regina -v- Stanley Roberts [1998] EWCA Crim 3025
23 Oct 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Cavin Weekes [1998] EWCA Crim 3012
23 Oct 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Lauder [1998] EWCA Crim 3037
27 Oct 1998 CACD	Road Traffic, Crime, Criminal Sentencing
	A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test.
	Road Traffic Offenders Act 1988 36
	[ Bailii ]

Regina -v- William Paul Gent [1998] EWCA Crim 3044
27 Oct 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Singh (Dara)
28 Oct 1998 CACD	Criminal Sentencing	Casemap 1 Cites
	When a judge passes a sentence of imprisonment on a defendant already serving time, and wants this sentence to follow the other, he should make it quite clear the sentence is consecutive to the current sentence, and follow the practice direction.
	Criminal Justice Act 1991 51(2)

Regina -v- Daljit Singh [1998] EWCA Crim 3067
30 Oct 1998 CACD	Criminal Sentencing	Casemap 1 Cites 1 Citers
	Appeal against sentence for possession of false passport: "In our judgment, cases involving the use of false passports will almost always merit a significant period of custody. Taking account what this Court said in Ollerenshaw (23rd April 1998) this will usually be within the range of six to nine months, even on a guilty plea by a person of good character."
	Forgery and Counterfeiting Act 1981 3
	Link[s] omitted

Regina -v- Haringey Magistrates' Court ex parte Kla Berthe N'Guessan [1998] EWHC Admin 1036
3 Nov 1998 Admn	Criminal Sentencing
	Link[s] omitted

Regina -v- Martin (Patrick Hugh Sean) [1998] EWCA Crim 3046
5 Nov 1998 CACD	Criminal Sentencing	Casemap 1 Citers
	When sentencing for explosives offence, the court should allow for a comparison with sentencing for aggravated murder offences (20-30 years), but also allow for whether loss of life was intended.
	Explosives Act 1883 3
	Link[s] omitted

Regina -v- Lawrence Clive Willoughby [1998] EWCA Crim 3129; Times, 21 December 2004
5 Nov 1998 CACD Rose LJ, Scott Baker J	Criminal Sentencing	Casemap 1 Cites
	Appeal against conviction dismissed. Appeal against sentence for offences of false imprisonment, indecent assault and assault occasioning actual bodily harm. The sentences were life imprisonment for the offence of false imprisonment, with six-and-a-half years's being specified as the period to be served under section 34 of the Criminal Justice Act 1991, 10 years concurrently for indecent assault and 3 years concurrently for assault occasioning actual bodily harm. Held: "To assess the seriousness of the false imprisonment, it is necessary, in our judgment, and was appropriate for the learned judge, to look at the purpose for which the complainant was imprisoned. The fact that the imprisonment lasted only some 20 minutes or so is one feature. But the fundamental reason for the appellant's conduct was that he falsely imprisoned the complainant for the specific purpose of forcing nonconsensual sexual activity upon her. That, as it seems to us, renders the false imprisonment, in the present case, a very serious offence. " Appeal dismissed.
	Link[s] omitted

Myra Hindley -v- Regina, Secretary Of State For The Home Department [1998] EWCA Civ 1695; [2000] QB 152
5 Nov 1998 CA	Criminal Sentencing	1 Cites 1 Citers
	The Home Secretary could impose a whole life tariff (better non-tariff) on a prisoner subject to life sentence, but must leave open possibility of review and receive representations. A tariff can be increased before being communicated to the prisoner.
	[ Bailii ]

Regina -v- F Howe and Son (Engineers) Limited [1999] 2 All ER 249; [1998] EWCA Crim 3154
6 Nov 1998 CACD	Health and Safety, Criminal Sentencing	Casemap 1 Citers
	The general run of fines imposed for Health and Safety breaches is too low. Penalties should be increased where the standards were compromised for cost cutting, for the degree of lapse, and where a fatality resulted. The same standards apply for both small and large companies, but there can still be no general tariff.
	Health and Safety at Work Act 1974
	Link[s] omitted

Regina -v- Nicole Dove Stanley [1998] EWCA Crim 3163
6 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Anthony Pearson [1998] EWCA Crim 3184
9 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Attorney-General's Reference No 48 of 98 (Stephen Michael Jones) [1998] EWCA Crim 3226
10 Nov 1998 CACD	Criminal Sentencing
	Criminal Justice Act 1988 38
	Link[s] omitted

Regina -v- Oliver
11 Nov 1998 CACD	Criminal Sentencing
	A passenger on an air flight committed an affray and received a sentence of 18 months. It was held that a custodial sentence was inevitable but in this case 12 months was more appropriate because of minor nature of the actual violence used and threatened.

Regina -v- James Daniel McCullough [1998] NIECA 1; [1999] NI 39
16 Nov 1998 CANI Carswell LCJ	Crime, Criminal Sentencing, Northern Ireland
	The defendant failed to appear at his trial. The judge urged the jury to 'use their common sense' in interpreting whether his non appearance indicated guilt. Even if there had been any unfairness in this, the judge's own summing up later remedied that failure. He had been sentenced to thirteen years for manslaughter committed in a serious, drunken, assault. Even though comparisons in such cases were of limited value, it was out of line with general trends, and a sentence of ten years was substituted.
	Link[s] omitted

Regina -v- Royston Gary Vickers [1998] EWCA Crim 3316
20 Nov 1998 CACD	Criminal Sentencing
	Importation of cannabis.
	[ Bailii ]

Regina -v- Philip James Bell [1998] EWCA Crim 3317
20 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- John Alan Smethurst [1998] EWCA Crim 3329
23 Nov 1998 CACD	Criminal Sentencing
	Large number of offences of deception having defrauded the DSS.
	Link[s] omitted

Regina -v- Peter Arthur Drury [1998] EWCA Crim 3320
23 Nov 1998 CACD	Criminal Sentencing
	Unlawful wounding.
	Link[s] omitted

Regina -v- John McKenzie Coxall [1998] EWCA Crim 3321
23 Nov 1998 CACD	Criminal Sentencing
	Assault occasioning actual bodily harm.
	Link[s] omitted

Regina -v- Brown and Small [1998] EWHC Admin 1080
23 Nov 1998 Admn	Criminal Sentencing
	Link[s] omitted

Regina -v- Rita Teresa Brennan [1998] EWCA Crim 3349; [1998] EWHC Admin 1084
24 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- John Warren O'Prey [1998] EWCA Crim 3339
24 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Colin Mitchell Earl St John Quinlivan Elton John Attorney-General's Reference No 11 of 1997 (Bemi Gbenbiste) [1998] EWCA Crim 3357
26 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Robert Osei [1998] EWCA Crim 3391
27 Nov 1998 CACD	Criminal Sentencing
	[ Bailii ]

Regina -v- George Colin Whitton [1998] EWCA Crim 3380
27 Nov 1998 CACD	Criminal Sentencing
	Conspiracy to handle stolen goods.
	Link[s] omitted

Regina -v- Edwin Porte [1998] EWCA Crim 3379
27 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Jason Dragon Radak [1998] EWCA Crim 3377
27 Nov 1998 CACD	Criminal Sentencing
	Leave granted.
	Link[s] omitted

Regina -v- Kerry Ann Lister [1998] EWHC Admin 1102
30 Nov 1998 CACD	Criminal Sentencing
	Link[s] omitted

Regina -v- Orville Bentley Miller Leon Michael Hughes Leigh Gavin Richards [1998] EWHC Admin 1107
1 Dec 1998 Admn	Criminal Sentencing
	Robbery.
	Link[s] omitted

Regina -v- Secretary of State for the Home Department ex parte J; Regina -v- Same ex parte B
2 Dec 1998 CA	Criminal Sentencing
	The policy of placing youths sentenced to young offenders institutions being placed in secure institutions rather than exceptionally only in community care establishments was a lawful policy grounded in statutory changes.
	Children and Young Persons Act 1933 53

Regina -v- Terence Clemmett [1998] EWCA Crim 3515
14 Dec 1998 CACD	Criminal Sentencing
	Theft - burglary.
	Link[s] omitted

Regina -v- St Helen's Justices Ex P Jones; R -v- Ealing Justices Ex P Saleem; R -v- Stoke On Trent Justices Ex P Wilby; R -v- Manchester City Justices Ex P Lee; R -v- Greenwich Justices Ex P Wright; R -v- Same Ex P Davidson
15 Dec 1998 QBD	Criminal Sentencing
	Where orders for committal for non-payment of fines were defective because the Magistrates had failed for example to have considered alternatives, a divisional court did not have power to re-sentence but only to remit the case back to the magistrates.
	Supreme Court Act 1981 43(3)

Regina -v- Baker 98/0959/Z3; Unreported, 15 December 1998
15 Dec 1998 CACD Pill LJ	Criminal Sentencing	Casemap 1 Citers
	The court faced an appeal against a sentence of 12 years’ imprisonment on pleas of guilty to 6 indecent assaults. The judge imposed 2 years’ imprisonment consecutive on each Count totalling 12 years. Held: The judge was purporting to exercise his powers under Section 2(2)(b). If the section was properly invoked the total sentence was justified even on guilty pleas. The court was however troubled as to whether the reference to the sentence "not exceeding the permitted maximum" in the section rendered the 12 year sentence unlawful. The court concluded that the section did not affect the principle that sentences for separate offences may in appropriate circumstances be consecutive or the principle that consecutive sentences may in total, and subject to the duty of ensuring that the totality of the consecutive sentences is not excessive, exceed the statutory maximum. "The section …is not concerned with and does not have the effect of eliminating or limiting the power of the Court to order sentences to run consecutively….The expression "maximum permitted sentence" applies to the sentence for an individual offence. Provided that does not exceed 10 years upon an exercise of the power (to impose a longer than commensurate sentence) there is no obstacle to aggregating other individual sentences which do not exceed that maximum. Moreover there is no obstacle to exercising the power (to impose a longer than commensurate sentence) in an individual sentence imposed consecutively to another sentence on which that power has been exercised." The court substituted terms of 6 years imprisonment as longer than commensurate sentences. The sentences on Counts 1 to 3 were ordered to run concurrently with each other; the sentences on Counts 4 to 6 were also ordered to run concurrently with each other but consecutively to the sentences imposed on Counts 1 to 3. The 12-year total thus remained.
	Criminal Justice Act 1991 2(2)(b)

Regina -v- Goodwin; Regina -v- O'B; Regina -v- H
28 Dec 1998 CACD	Criminal Sentencing
	The offence of wounding with intent will almost inevitably attract an immediate custodial sentence and even where the act was an over-reaction in self-defence. The offence was also an offence for which a second conviction would attract a life sentence.
	Offences against the Person Act 1861 18 - Crime (Sentences) Act 1997 2

Regina -v- Kelly; R -v- Sandford
29 Dec 1998 CACD	Criminal Sentencing
	The words of the Act imposing mandatory sentences save in exceptional cases are clear, and the word 'exceptional' has accepted meanings which are not to be extended by reference to the Convention on Human Rights. Mandatory life sentences were confirmed.
	Crime (Sentences) Act 1997 2

Regina -v- B (Longer Term Sentences)
31 Dec 1998 CACD	Criminal Sentencing
	A court could not, under its powers to extend a sentence, impose a sentence beyond the normal maximum, but where appropriate it could add extensions to individual sentences and if appropriate make them consecutive to achieve the same result.
	Criminal Justice Act 1991 2(2)(b)