Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

R v Horney

The Times Law Reports Cited authorities 5 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date18 January 1990
Date18 January 1990
CourtCourt of Appeal (Criminal Division)

Court of Appeal

Regina
and
Horney

Crime - sentence - young offender

Sentencing offender

The words "sentence of imprisonment" in section 1(4) of the Criminal Justice Act 1982, as substituted by section 123(3) of the Criminal Justice Act 1988, should not be given a narrow meaning or confined to an immediate sentence of imprisonment.

Accordingly, where a trial judge indicated that an offence was such that a prison sentence had to be imposed but he was minded to suspend it, the subsequent imposition of a sentence of detention in a young offender institution on the defendant, who was in fact under 21, was not in breach of the requirements of section 1(4).

The Court of Appeal (Lord Justice Lloyd, Mr Justice Tudor Evans and Mr Justice Owen) so held on January 15 when dismissing an appeal by James Charles Horney against a sentence of 18 months detention in a young offender institution imposed on October 25, 1989 by Mr Justice Turner at Shrewsbury Crown Court following the defendant's plea of guilty to the manslaughter of his baby daughter.

MR JUSTICE LLOYD said that the trial judge, having referred to various matters of mitigation, stated that he was minded to suspend the prison sentence he would impose.

When the prosecution pointed out that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT