The defendant appealed against his sentence to a term of imprisonment for public protection on his admission of wounding with intent. The sentencing system applied was replaced on the day following sentencing, and he said that the court should have applied the principle of lex mitior.
Held: The appeal failed: ‘there was no fault in the judge adopting the course that he did to meet the concerns about the danger posed by the appellant which stretched beyond any ascertainable time frame. The sentence of IPP was clearly suited to this case in a way that an old style extended sentence was not. . . the new sentencing regime under LASPO may mean that life sentences may have to be imposed where sentences of IPP had been passed under the old law.’
Treacy LJ, Kenneth Parker J, Rees HHJ
[2014] EWCA Crim 1197, [2014] 2 Cr App R 76
Bailii
Offences Against the Person Act 1861 18, Legal Aid, Sentencing and Punishment of Offenders Act 2012 123, European Convention on Human Rights 7
England and Wales
Citing:
Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited by:
At CACD – Docherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 31 October 2021; Ref: scu.526724
