CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT CANTERBURY
HHJ JAMES CP No: 46ZY1198824
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE MURRAY
THE RECORDER OF PRESTON
HIS HONOUR JUDGE ALTHAM
(Sitting as a Judge of the CACD)
REFERENCE BY THE ATTORNEY GENERAL UNDER
S.36 OF THE CRIMINAL JUSTICE ACT 1988
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REX | ||
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RASHKO KURTEV |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
MR D BENTLEY KC appeared on behalf of the Offender
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Crown Copyright ©
"In these highly unusual circumstances and taking account of what I knew of the defendant's lack of intellectual capacity, lack of command of English and the apparent vacillation in the position of the prosecution, I took the view that Mr Kurtev was entitled to significantly greater credit than would usually be available for someone who pleaded guilty on the day of trial."
"A sentence is unduly lenient, we would hold, where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate."