R v Roberts and others (Liberty and another intervening)

Sentence – Custodial sentence. The defendants' contention, that an immediate custodial sentence was never appropriate for a non-violent crime committed as part of peaceful protest as a matter of domestic law and would breach art 10 of the European Convention of Human Rights, was rejected. However, the Court of Appeal, Criminal Division, in allowing their appeals, held that an immediate custodial sentence for public nuisance had been manifestly excessive and, given they had served a sentence equivalent to six weeks, a conditional discharge for two years was appropriate.

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