The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence. Held: In order for an offence to come within the section, either the defendant had to have admitted carrying a firearm or imitation forearm, or the … Continue reading Hylands, Regina v: CACD 25 Nov 2004
The appellant, a mentally disordered offender appealed the imposition of an automatic life sentence. He asserted that it was a breach of his human rights. Held: Although courts had repeatedly encouraged the use of orders under the Mental Health Act, parliament had made its wishes clear, and such an order would provide greater protection for … Continue reading Regina v Drew: CACD 19 Dec 2001
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in exceptional circumstances. It was said to be wrong automatically to impose … Continue reading Regina v Drew: HL 8 May 2003
The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery. Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act required in effect a creation of a secand variant of the offence involving the use … Continue reading Regina v Benfield; Regina v Sobers: CACD 21 Jul 2003
There is no need for an indictment to set out the facts which would need to be established to allow an offence to be treated as a serious offence for the purposes of sentencing under the Act, if those facts were clearly not at issue. Citations: [2002] 2 Cr App R(S) 208 Statutes: Powers of … Continue reading Regina v Flamson: CACD 2002
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
The court gave its reasons for allowing an appeal by the defendant as to the time to be held to go towards service of his sentence of imprisonment after had had spent time before sentence subject to curfew. The sentence, imposed on 13 December 2012, was twelve months imprisonment. The judge had intended that the … Continue reading Hoggard, Regina v: CACD 20 Jun 2013
Judges: Laws, Moore-Bick, Beatson LJJ Citations: [2013] EWCA Civ 697, [2014] 1 WLR 179, [2013] WLR(D) 289 Links: Bailii, WLRD Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Human Rights Act 1998, Sexual Offences Act 2003 82(1) Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: 10 September 2022; Ref: scu.510907
