Attorney General's Reference (Nos. 132 and 133 of 2004)

JurisdictionEngland & Wales
Judgment Date09 February 2005
Date09 February 2005
CourtCourt of Appeal (Civil Division)

COURT OF APPEAL Criminal Division

Before Lord Justice Judge, Mr Justice Curtis and Mr Justice McCombe

Attorney-General's Reference (Nos 132 and 133 of 2004)

Criminal sentencing - children's interests in sentencing

Children's interests in sentencing

It was important when sentencing offenders that their children's interests had to be borne in mind.

The Court of Appeal, Criminal Division, (Lord Justice Judge, Mr Justice Curtis and Mr Justice McCombe) so held on February 9, 2005 when refusing an application by the Attorney-General to refer two sentences as unduly lenient.

Sarah Burden and Debra Hill, pleaded guilty on October 8, 2004 in Hull Crown Court (Judge Bullimore) to conspiring to supply class A drugs contrary to section 1(1) of the Criminal Law Act 1977 and were imprisoned for two and two and a half years, respectively.

LORD JUSTICE JUDGE said the offenders had carried on a substantial street level drug dealing business. Their sentences were unduly lenient and should be increased, even allowing for double jeopardy in further appearance.

However, since early release from prison, Hill had been caring for her two children and baby and her soonest deportation was recommended as an act of compassion for her children who, having bonded with their mother, would...

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