Attorney General's Reference Nos. 31, 45, 43, 42, 50 & 51 of 2003 [2004] EWCA Crim 1717

No. 2004/01740/A6, 2004/02452/A9, 2004/02068/A32004/03055/A4, 2004/02497/A2, 2004/02498/A2[2004] EWCA Crim 1717
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Venue Royal Courts of JusticeDate Thursday 24 June 2004
The Strand
London WC2
B e f o r e:
THE LORD CHIEF JUSTICE OF ENGLAND AND WALES
(The Lord Woolf of Barnes)
MR JUSTICE FORBES
and
MR JUSTICE BELL
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ATTORNEY GENERAL'S REFERENCE Nos. 31, 45, 43, 42, 50 & 51 of 2003
UNDER SECTION 36 OF
THE CRIMINAL JUSTICE ACT 1988
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Computer Aided Transcription by
Smith Bernal, 190 Fleet Street, London EC4A
Telephone No: 020-7421 4040
(Official Shorthand Writers to the Court)
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MR RICHARD HORWELL and MR MARK HEYWOOD appeared on behalf of the ATTORNEY GENERAL
MISS MARY ASPINALL MILES appeared on behalf of THE OFFENDER THOMAS M
MR A J DOWNE appeared on behalf of THE OFFENDER ADELE McLEAN
MR M BENSON appeared on behalf of THE OFFENDER DANIEL BURGESS
MR J HOLT appeared on behalf of THE OFFENDER ANTHONY COTTRILL
MISS A BYRNES appeared on behalf of THE OFFENDER SURINDER LEHAL
MR J O'HIGGINS appeared on behalf of THE OFFENDER BHUPINDER LEHAL
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J U D G M E N T
THE LORD CHIEF JUSTICE:
[1]With regard to Thomas M, we do not propose to interfere with the sentence that was imposed in that case.[2]Likewise in the case of McLean, we will not interfere.[3]In the case of Burgess, the sentence will be interfered with; there will be a sentence of two-and-a-half years' imprisonment. We will have to hear about when he is required to surrender in relation to that sentence.[4]In the case of Cottrill, we propose to increase the sentence to a total sentence of four years, of which two years will be the custodial period and the other two years will be the extended period.[5]We have to work out from what date the sentences are to run, and we have to take into account any period while they have been in custody before they were sentenced. The appropriate calculation will be made to take account of that.[6]In the cases of the Lehals, we are not going to alter the sentences.