Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

Todos los casos
Sentencing
Court of Appeal
2010

R v Raza

[2010] 1 Cr App R (S) 56

Ratio Decidendi

The totality principle requires that when consecutive sentences are imposed, the overall sentence must be just and proportionate. The court should step back and consider whether the aggregate term is appropriate for the overall offending behaviour.

Hechos

The defendant was sentenced to consecutive terms of imprisonment for multiple offences, resulting in a long total sentence. He appealed on the ground of totality.

Resumen de la sentencia

The Court of Appeal reduced the sentence, holding that while each individual sentence was appropriate, the totality was crushing and disproportionate. The court must consider whether concurrent or consecutive sentences are appropriate and ensure the total is just.

Citas clave

"The court must step back and look at the total sentence and ask whether it is just and proportionate."

Hooper LJ

Tratamiento posterior

Followed

The totality principle is now codified in the Sentencing Council's Totality Guideline.