Ratio Decidendi
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.
Fapte
The defendant was sentenced for a serious assault. An appeal was brought on the basis that the judge had departed from the sentencing guidelines.
Rezumatul hotărârii
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.
Citate cheie
"Sentencing guidelines are guidelines, not tramlines."
— The Court
Tratament ulterior
Good law
Cited for the principle that guidelines are not mandatory in every case.