Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

All Cases
Sentencing
Court of Appeal
2013

R v Saunders

[2013] EWCA Crim 1027

Ratio Decidendi

Sentencing guidelines are not a straitjacket. The court retains discretion to depart from guidelines where the particular circumstances of the case require it, provided reasons are given.

Facts

The defendant was sentenced for a serious assault. An appeal was brought on the basis that the judge had departed from the sentencing guidelines.

Judgment Summary

The Court of Appeal held that while guidelines must be followed unless it would be contrary to the interests of justice, judges retain a residual discretion to depart where the facts are unusual.

Key Quotes

"Sentencing guidelines are guidelines, not tramlines."

The Court

Subsequent Treatment

Good law

Cited for the principle that guidelines are not mandatory in every case.