The court stated that the exceptional circumstances required to justify imposition of a life sentence for an offence other than murder are present if three conditions. First, the offence or offences are in themselves serious enough to require a very long sentence. Secondly, it appears from the nature of the offences or from the offender’s criminal history that he is a person of mental instability who, if at liberty, would probably re-offend and present a grave danger to the public. Thirdly, the offender will remain unstable and a potential danger for a long and/or uncertain period of time.
‘When the following conditions are satisfied, a sentence of life imprisonment is in our opinion justified: (1) where the offence or offences are in themselves grave enough to require a very long sentence; (2) where it appears from the nature of the offences or from the defendant’s history that he is a person of unstable character likely to commit such offences in the future; and (3) where if the offences are committed the consequences to others may be specially injurious, as in the case of sexual offences or crimes of violence.’
Citations:
(1968) 52 Cr App R 113
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Willoughby CACD 5-Nov-1998
Appeal against conviction dismissed. Appeal against sentence for offences of false imprisonment, indecent assault and assault occasioning actual bodily harm. The sentences were life imprisonment for the offence of false imprisonment, with . .
Cited – Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
Cited – Haney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 30 April 2022; Ref: scu.220558