면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Sentencing
Court of Appeal
1998

R v Brewster

[1998] 1 Cr App R 220

판결 이유

When suspending a sentence of imprisonment, the court must consider whether the case meets the custody threshold and then whether there are factors that justify suspension. A suspended sentence is still a sentence of imprisonment and should not be imposed lightly.

사실관계

Several appeals were heard concerning the proper approach to suspended sentences, their length, and conditions.

판결 요약

The Court of Appeal clarified that a suspended sentence is appropriate only where: (1) the custody threshold is crossed; (2) the sentence can properly be suspended having regard to all the circumstances; and (3) the conditions and operational period are appropriate.

주요 인용문

"A suspended sentence is a sentence of imprisonment. It should not be imposed unless the court has decided that imprisonment is warranted."

Lord Bingham CJ

후속 처리

Followed

Applied in the Sentencing Council's guidelines on suspended sentences.