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

모든 판례
Sentencing
Court of Appeal
2010

R v Raza

[2010] 1 Cr App R (S) 56

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

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

Hooper LJ

후속 처리

Followed

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