R v Ebbs

Sentence – Pre-sentence report. The judge should have obtained a pre-sentence report before proceeding to sentence the defendant to 12 months' imprisonment for an offence of affray to which he had pleaded guilty and the judge should have suspended the sentence. As the defendant had served six months' imprisonment, the Court of Appeal, Criminal Division, held that it would not be right to suspend the sentence so that the defendant had hanging over his head the prospect of re-imposition of the sentence should he re-offend and substituted a sentence of six months.

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