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Regina v Everleigh: CACD 16 May 2001

Sentences extended under the section should not be imposed consecutively with other sentences imposed at the same time, though this might be possible where the other sentence had been previously imposed. Although the authorities were difficult to reconcile, there was no illogicality in imposing extended sentences consecutive to other sentences, where for example, the sentencing took place on a recall to prison. The purpose of an extended sentence was to protect the public without the need for any additional penalty for conduct punishable at the same time. The court considered the authorities on the question of whether it was appropriate to pass a longer than normal sentence consecutively to another sentence imposed on the same occasion. It was not appropriate to do so because a longer than normal sentence is in itself intended to protect the public from serious harm without the need for any additional penalty in relation to conduct punishable at the same time.

Citations:

Times 16-May-2001, [2002] Cr App R (S) 32

Statutes:

Criminal Justice Act 1991 2(2)(b)

Cited by:

CitedRegina v Backwell CACD 18-Nov-2003
The defendant appealed against a sentence for violent sexual assaults. Charges of rape were left on the file. He had toured the streets of Torquay selecting women who, for drink or otherwise, would be less able to resist. The judge thought a proper . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88450

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