R v Povey
[2009] 1 Cr App R (S) 42
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Sentencing guidelines issued by the Sentencing Guidelines Council are not a straitjacket. Judges must follow the guidelines unless it would be contrary to the interests of justice to do so, and must give reasons for departing from them.
Facts
Multiple appeals were heard together challenging sentences that either followed or departed from sentencing guidelines. The court considered the proper approach to guidelines.
Judgment Summary
The Court of Appeal confirmed that guidelines are an important starting point but judges retain discretion to depart where justified. The court must identify the relevant guideline, assess the category, consider aggravating and mitigating factors, and give reasons if departing from the range.
Key Quotes
"The guideline is a guideline and not a straitjacket. The judge retains discretion to depart from it if the interests of justice require."
— Lord Judge CJ
Subsequent Treatment
Standard authority on the status of sentencing guidelines.
What To Do Next
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