CRIMINAL DIVISION
B e f o r e :
MR JUSTICE MARTIN SPENCER
HIS HONOUR JUDGE LICKLEY KC
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DEAN ANTHONY SWINBOURNE |
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Mr J. Polnay and Mr. Sullivan appeared on behalf of the Crown.
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Crown Copyright ©
LORD JUSTICE WILLIAM DAVIS:
"It is part of those which have formed the basis of a powerful submission that coupled with what has been put in place for you, a programme, which is designed and structured to rehabilitate you in order to reduce the risk of reoffending, all of which, as I have said, amounts to strong mitigation".
"Is the fact that there is a package, a programme being made available to you exceptional? It may be exceptional as it is unusual; rare cases when such a programme is being made available to an offender. I cannot regard it as justifying not applying section 314 of the sentencing code" (i.e. the minimum term).
(1) The purpose of the mandatory minimum term is to act as a deterrent.
(2) Circumstances are exceptional if imposition of the minimum term would lead to an arbitrary and disproportionate sentence.
(3) In order to disapply the minimum sentence the circumstances must be truly exceptional.
(4) There can be cases where the collective impact of all relevant circumstances makes the case exceptional.