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Gilbert v Regina: CACD 1 Jun 2012

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:

Bailii

Statutes:

Criminal Justice Act 2003 22591)(b)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 31 October 2022; Ref: scu.459867

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