It can be wrong in principle to apply section 2(2)(b) in the most serious cases. The section is intended to protect the public where a sentence according with the offence might not be sufficient. In the most serious cases, there is a risk that a sentence extended under the Act could be a double sentence. Earlier guidelines for such cases already contain an inherent factor to reflects not only the seriousness of the offence but also the need to protect the public from persons who engage in professional crime who are ex hypothesi, likely to be regarded as dangerous to the public.
Judges:
Mr Justice Wright
Citations:
(1994) 16 Cr App R (S) 469
Statutes:
Criminal Justice Act 1991 2(2)(b)
Jurisdiction:
England and Wales
Citing:
Reconsidered – Regina v Turner CACD 1975
The starting point for sentencing for a serious armed robbery or the ‘hold up’ of a security or Post Office vehicle is in the region of 15 years, if firearms were carried and no serious injury inflicted and that the absence of a criminal record . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 26 July 2022; Ref: scu.181835