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Likely Penalty ( Section 21 A(3)(b))
Likely Penalty (Section 21A(3)(b))
The Appellant argued that applying domestic sentencing guidelines for low-level fraud, the starting point would be a medium level community order. It was submitted that an immediate custodial sentence would not necessarily follow for a “one-off” offence, even considering the Appellant’s history.
The Respondent submitted that the Judge correctly found that while the starting point might be a community sentence, there was a real likelihood of the Appellant receiving a custodial sentence. This conclusion took into account several aggravating factors: the Appellant’s previous convictions and the fact that the accusation matter (AW2) was committed while he was subject to a suspended sentence order. The previous 2014 offence was a serious dwelling burglary that had previously attracted a suspended sentence, which was subsequently activated due to further offending in December 2018.
- Heading
- Introduction
- The Arrest Warrants
- AW 2
- The Extradition Hearing
- The Appeal/Application
- The Grounds of Appeal
- Ground 2 – Section 25 in respect of AW 1 and AW 2
- Ground 3 – Section 21A / Article 8 ECHR in respect of AW1 and AW2
- The Appellant’s Health
- Fugitivity
- Delay
- Gravity of Offending
- Impact on Family
- Overall Conclusion on Article 8 grounds
- Ground 4 - AW2 whether disproportionate section 21A(1)(b)
- Seriousness of the Conduct ( Section 21 A(3)(a))
- Likely Penalty ( Section 21 A(3)(b))
- Less Coercive Measures ( Section 21 A(3)(c))
- Conclusions
- Ground 1 – Section 12A in respect of AW 2 only: absence of a decision to charge or try
- Discussion and Conclusion
- Fresh Evidence
- Conclusions