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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Groves, R (on the application of) v Newcastle Upon Tyne Crown Court [2008] EWHC 3123 (Admin) (09 April 2008) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2008/3123.html Cite as: [2008] EWHC 3123 (Admin) |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
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THE QUEEN ON THE APPLICATION OF GROVES | Claimant | |
v | ||
NEWCASTLE UPON TYNE CROWN COURT | Defendant |
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The Defendant was not represented and did not attend
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"I have in mind a sentence which may afford his release. I want to know more about him. I will bear in mind the schedule [Schedule 2 to which I have referred]. I think it was a merciful sentence but I am bound by the Court of Appeal."
"You were fortunate you received the custodial sentence that you did. I would have passed a higher one. Community service may be the appropriate outcome. That is a matter for probation. If custody is imposed I will bear the schedule in mind. If a community order is possible, then I shall consider it very carefully indeed. The earliest release date for the claimant was 10 December 2007. But because of the pending hearing of his appeal by the Court of Appeal he was not released until 19 December 2007. There is therefore an error (?) of time left for it to be re-imposed upon him and if he is re-imposed with the same sentence as he had before he will be immediately released."
"My Lord, the last thing and I am sorry to have to raise this. This application was prepared on the basis of default powers."
Mr Justice Collins goes on:
"This is presumably one which is criminal, is it not? It is obviously a criminal matter. There are some such matters in some of the cases stated."