In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
The defendant had been found guilty of manslaughter by virtue of diminished responsibility. He had been 17, and a technically incorrect sentence of life imprisonment had been passed. There had been conflicting diagnoses of his condition between dissociative and schizoid personality disorders. Held: The sentencing judge had to ask whether he was required to impose … Continue reading Fort, Regina v: CACD 13 Dec 2013
The defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. Judges: Latham L, Burton, Teare JJ Citations: [2007] EWCA Crim 2650, [2007] All ER (D) 376 Links: Bailii Statutes: Criminal Justice Act 2003 225 Citing: Cited – O’Brien, Harris, Moss, Llewellyn and others … Continue reading Crees, Regina v: CACD 24 Oct 2007
In each case the defendant had commited violent or sexual offences and were caught by the new mandatory sentencing provisions, and been made subject to life imprisonment, or detention for public protection, or an extended sentence. Held: The court set out to summarise, not restate the provisions. ‘[T]he offender must be convicted of a ‘specified … Continue reading Lang and Others, Regina v: CACD 3 Nov 2005
The court was asked as to as to the powers of the court in relation to the minimum term that can be imposed when sentences of Imprisonment for Public Protection (IPP) are passed under the provisions of the Criminal Justice Act 2003 (CJA 2003). The issues that have in the result arisen for decision arise … Continue reading Regina v Delucca: CACD 31 Mar 2010
The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002
The defendant committed a series of armed robberies whilst released on licence from a term of life imprisonment. He appealed against an additional sentence of imprisonment for public protection (IPP), saying it was wrong to have two indeterminate sentences side by side. He said that because he could not be released from that life sentence … Continue reading Regina v Smith (Nicholas): SC 20 Jul 2011
