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所有案例
Sentencing
Court of Appeal
2013

R v Saunders

[2013] EWCA Crim 1027

判决理由

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.

事实

The defendant was sentenced for a serious assault. An appeal was brought on the basis that the judge had departed from the sentencing guidelines.

判决摘要

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.

关键引述

"Sentencing guidelines are guidelines, not tramlines."

The Court

后续处理

Good law

Cited for the principle that guidelines are not mandatory in every case.