Why Is This Appeal Granted?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-england-hampshire-37975561
Death by text, plenty of previous, conned the last magistrate or his victim may still be with us. Throw away the kin key if you ask me, he'll be out in 4 years as it is, disgusting.

[Buenchico]

Unlike an appeal against conviction (where an offender has initially to convince a court that there are relevant grounds for an appeal to be heard), the right to appeal against a sentence is almost automatic. Leave to appeal will normally be granted unless it's clear that it would be impossible to show that a lower sentence should have been passed (e.g. because the existing sentence is already the absolute minimum available to the court).

[EDDIE51]

^^ As Chris says. But remember it is NOT automatic that an appeal will lower the sentence , it is possible the appeal will increase the sentence.

[EDDIE51]

To correct my answer an appeal can not increase the sentence but if an appeal is deemed to be 'without merit' the court can add extra time to the original sentence. So he could keep his 9 years with 6 months added on.
The sentence will still be recorded as 9 years though!
From '6th Form Law'
If a defendant appeals against sentence and / or conviction and his appeal has no merit he can (in custodial cases) effectively be given extra time to serve, this would typically be 28 days on a 2 year sentence (section 29 of the Criminal Appeal Act 1968).

[mikey4444]

Some good, clear answers on here....thanks.

[Peter Pedant]

Mikey
basic confusion by 3T - leave to appeal granted
but the appeal has not be heard let alone allowed

and yes anyone can appeal ....

[ToraToraTora]

gawd elp us duocell has awoken. Why does it say right to appeal granted if it's automatic?

[andy-hughes]

TTT - //Why does it say right to appeal granted if it's automatic? //

Because it is not automatic.

[hc4361]

Who said it's automatic?

[EDDIE51]

TTT, Buenchico has explained this very clearly in your first answer!
Do you not even bother to read your answers before making a comment?

[hc4361]

TTT, what do you mean by 'duocell'? Is that another Cockney slang word?

[Peter Pedant]

// Who said it's automatic?//

3T of course - it was one of his ..... automatic responses

[3T : yeah wiv dat etc etc]

[Peter Pedant]

// TTT, what do you mean by 'duocell'? Is that another Cockney slang word?//

No it is Mensan for - "two celled" - as I may have two cells in my brain according to 3T who claims membership of Mensa. Twice as many as last week's estimate. No, this term does not raise the level of debate. 3T gives law advice on the law thread in these terms - which makes the law thread a more varied read than you might otherwise expect.

I still think there is basic confusion over
granting a hearing for an appeal
and
allowing an appeal and scrapping a conviction or varying the sentence

[hc4361]

You mean it is an insulting term aimed at you, PP?

[ummmm]

Yes, it is.

[hc4361]

:( It's not big and it's not clever.

[ummmm]

No it's not. It's childish and pathetic just like the of cockney slang. I just think TTT likes his threads completely derailed...

[ToraToraTora]

"Who said it's automatic? " - PP

[ToraToraTora]

"TTT, Buenchico has explained this very clearly in your first answer!
Do you not even bother to read your answers before making a comment? " - yes I was responding to duocell.

[youngmafbog]

So PP you can write a legible sentence. perhaps if you did that more often you would not be referred to as duo-call?