Judge Brian Cummings, QC, said he could not spare Fitzsimmons jail because of his recall, but equally because of the law could not pass a consecutive sentence
"If he's to receive a consecutive sentence
, it may derail the progress he has made.
His lawyers argued at the Appeal Court in London that the Crown Court judge was wrong to impose a consecutive sentence
for the baseball bat possession.
Each aggravated identity theft count carries a mandatory consecutive sentence
of two years.
Under the expanded charges, he could face the death penalty, or life in prison without parole followed by a consecutive sentence
of 535 years' imprisonment, the Justice Department said.
"Every American has the right to attend their house of worship in safety." Bowers faces the death penalty, or life without parole, followed by a consecutive sentence
of 535 years' imprisonment.
The appeal judges increased the 13 years to 17 years, leaving the consecutive sentence
for perverting the course of justice in place, making a new total sentence of 18 years.
Before he began sentencing, Recorder Greg Bull QC told defence barrister Katherine Lane he would not be sentencing her client Feeney to an immediate prison sentence because he was unable to give Baker, who was sentenced in his absence after refusing to come to court, a consecutive sentence
to his current sentence.
His sentencing for the 15 year imprisonment was supposed to complete in October next year, however, he will now have to serve another three years and six months as a consecutive sentence
after his first prison term completes.
at 899 (Stith, J., dissenting) (finding the "imposed consecutive sentence
on the nonhomicide charge, which in aggregate, does not allow for parole for more than 300 years.").
In particular, the court imposed a sentence of 27 months for bank fraud and a separate, consecutive sentence
of 24 months for aggravated identity theft.
The judge explained that he now had to take account of the total sentence on Bower and he had therefore "reduced massively" the consecutive sentence
for the Batley offence.