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所有案例
Sentencing
Court of Appeal
2009

R v Povey

[2009] 1 Cr App R (S) 42

判决理由

Sentencing guidelines issued by the Sentencing Guidelines Council are not a straitjacket. Judges must follow the guidelines unless it would be contrary to the interests of justice to do so, and must give reasons for departing from them.

事实

Multiple appeals were heard together challenging sentences that either followed or departed from sentencing guidelines. The court considered the proper approach to guidelines.

判决摘要

The Court of Appeal confirmed that guidelines are an important starting point but judges retain discretion to depart where justified. The court must identify the relevant guideline, assess the category, consider aggravating and mitigating factors, and give reasons if departing from the range.

关键引述

"The guideline is a guideline and not a straitjacket. The judge retains discretion to depart from it if the interests of justice require."

Lord Judge CJ

后续处理

Followed

Standard authority on the status of sentencing guidelines.