There can be no guidelines for protective sentences for violent and or sexual offences, Each case must be decided upon its on own facts, and the offender. When the court considers what should be the appropriate period to add under the section, the judge has a balancing act. The defendant may need to be prevented from wrongdoing for a very long, even indeterminate time. The judge in each individual case must balance the need to protect the public with the need to look at the totality of sentence and to see that it is not out of all proportion to the nature of the offending. It was impossible to give guidance as to what length of sentence would be appropriate for the purpose of protecting the public as between one case and another. Each case turns on its facts, and different offences committed in different ways may require different responses from the court in regard to the protection of the public.
Judges:
Taylor LCJ
Citations:
Ind Summary 14-Mar-1994, Times 23-Feb-1994, (1994) 15 Cr App R (S) 771
Statutes:
Criminal Justice Act 1991 2(2)(b) 33(3)
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Gabbidon, Bramble CACD 7-Nov-1996
The defendants appealed sentences for serious, violent robberies taking place in burglaries of domestic properties, with long lasting effects on the victims.
Held: The section had been correctly applied. The court reviewed authorities on . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 09 April 2022; Ref: scu.87270
