The court gave guidelines on sentencing violent or sex offenders. The court should consider in order the commensurate sentence, whether any longer sentence was needed to protect the public, and if the sentence would be four year or longer, whether an extended sentence would be adequate to prevent further sentencing whether through rehabilitation or otherwise. Courts should not be deterred from implementing the legislative provisions by their complexity, and apparent conundrums were more imaginary than real. As to extended sentences, a longer sentence may sometimes be required for the purposes of treatment than would be appropriate for the offence.
Judges:
Lord Justice Rose, Mr Justice Davis and Sir Richard Tucker
Citations:
Times 10-Dec-2001, [2002] 1 Cr App R (S) 565
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Barker (Andrew) CACD 8-Nov-2000
Where a judge considered that the normal period of licence which would apply after a defendants eventual release from prison would be insufficient to exert control he thought would be necessary, it was possible and proper for him to pass a sentence . .
Cited by:
Cited – Regina v M (Sexual Offence: Extended Sentence) CACD 5-Jul-2004
The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment.
Held: It was . .
Cited – Regina v Wisniewski CACD 9-Dec-2004
The defendant appealed sentences for battery with iintent to commit sexual assault.
Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum . .
Cited – Regina v Pepper, Regina v Barber, etc CACD 28-Apr-2005
Each defendant appealed against the imposition of an extended sentence of imprisonment.
Held: The The provisions were unduly complicated and about to change again. Courts would see their way clear by focussing on the offence for which the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 28 July 2022; Ref: scu.166976
