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所有案例
Sentencing
Court of Appeal
1998

R v Brewster

[1998] 1 Cr App R 220

判决理由

When suspending a sentence of imprisonment, the court must consider whether the case meets the custody threshold and then whether there are factors that justify suspension. A suspended sentence is still a sentence of imprisonment and should not be imposed lightly.

事实

Several appeals were heard concerning the proper approach to suspended sentences, their length, and conditions.

判决摘要

The Court of Appeal clarified that a suspended sentence is appropriate only where: (1) the custody threshold is crossed; (2) the sentence can properly be suspended having regard to all the circumstances; and (3) the conditions and operational period are appropriate.

关键引述

"A suspended sentence is a sentence of imprisonment. It should not be imposed unless the court has decided that imprisonment is warranted."

Lord Bingham CJ

后续处理

Followed

Applied in the Sentencing Council's guidelines on suspended sentences.