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

모든 판례
Sentencing
Court of Appeal
2013

R v Saunders

[2013] EWCA Crim 1027

판결 이유

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.

사실관계

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

판결 요약

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.

주요 인용문

"Sentencing guidelines are guidelines, not tramlines."

The Court

후속 처리

Good law

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