R v Shaw (Graham Guy)
| Jurisdiction | England & Wales |
| Judgment Date | 05 March 1996 |
| Date | 05 March 1996 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal, Criminal Division
Criminal sentencing - change in maximum prison sentence for theft - relevant date
The amendment to the maximum prison sentence for theft, from 10 to seven years, effected by section 26(1) of the Criminal Justice Act 1991, applied to convictions after the Act came into force on October 1, 1992 even if the offence had been committed before that date.
The Court of Appeal, Criminal Division (Lord Justice Swinton Thomas, Mr Justice Harrison and Mr Justice Thomas) so held on February 2 in allowing an appeal by Graham Guy Shaw against a total sentence of seven years imposed in March 1995 at Preston Crown Court (Mr Justice McKinnon) following pleas of guilty to four counts of theft.
LORD JUSTICE SWINTON THOMAS said that section 7 of the Theft Act 1968, as amended by section 26(1) of the 1991 Act, seemed unambiguous in stating that a person convicted on indictment should be liable to a term of imprisonment not exceeding seven years.
By reason of the transitional provisions of the Act, subsections (3) and (4) of section 26 did not apply to offences committed before the commencement of that subsection, but in the absence of any reference to subsection (1) in such provisions the relevant date...
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