(1978) 2 Cr App R 114

1978 October 4

[LAWTON L.J., CANTWELL AND BIRKETT, JJ.]

RAYMOND ALDERTON,

Appellant,

v.

THE CROWN,

Respondent.

Criminal law—Sentence—It may be affected in certain cases by an undue delay in prosecuting the accused—Burglary and theft contrary to section 9 of the Theft Act 1968.

Appeal against sentence.

The appellant was convicted on the 14th July, 1978, at the Crown Court at Manchester on one count of the offence of burglary and theft contrary to s. 9 of the Theft Act 1968 and was sentenced by His Honour Judge Prescott, sitting with Recorder Hollis and Deputy Recorder Wainwright, to three years' imprisonment. The Court considered the principles established in R v. Bennett [1968] 1 WLR 988 and R v. Groombridge [1974] Crim LR 742 in relation to the effect of prosecutorial delay on sentencing.

Appellant in person.

Hartley-Smythe for the respondent.

Appeal dismissed.