The defendant applied for leave to appeal out of time against a sentence of imprisonment for public protection.
Held: Sentences must be considered as at the time they were passed and in the light of the law and guidance then prevailing. The critical test for the judge was: is there a significant risk to members of the public of serious harm by the commission by [the applicant] of further specified offences? – See Section 225(1)(b). As will appear, the only real issue in this case is whether such harm would be ‘serious’.
Judges:
Lattell LJ, Hedley, Calvert-Smith JJ
Citations:
[2012] EWCA Crim 1221
Links:
Statutes:
Criminal Justice Act 2003 22591)(b)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 31 October 2022; Ref: scu.459867