The defendant had been convicted of a series of armed robberies. He had already been sentenced to life imprisonment and committed these offences while released on licence. He now appealed against an additional sentence of imprisonment for public protection saying it was wrong in principle to have two indeterminate sentences.
Held: Maurice Kay LJ said: ‘The discretion conferred by the statute was not expressly constrained in a case such as this where there is an existing indeterminate sentence. It was for the judge to decide upon the punishment for these robberies and associated firearms offences, having regard to the provisions of the 2003 Act. Moreover, there is nothing anomalous or unusual about two indeterminate sentences being imposed on different occasions, or even in different forms. Section 34 of the Crime (Sentences) Act 1997 expressly addresses the position of a life prisoner, which expression means, ‘a person serving one or more life sentences’. For this purpose, ‘life sentence’ is defined in section 34(2) as embracing both a sentence of imprisonment for life and a sentence of imprisonment for public protection. Section 34(4) then provides:
‘Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentence unless and until the Secretary of State is required to release him in respect of each of the terms’.
It seems to us that that is a statutory provision designed to ensure that, where more than one indeterminate sentence exists, release is not required until the last of the minimum terms has been completed.’
Judges:
Maurice Kay LJ, Sharpe J, Sir Christopher Holland
Citations:
[2010] EWCA Crim 246, [2010] 2 Cr App R (S) 63
Links:
Statutes:
Criminal Justice Act 2003 225(3)
Jurisdiction:
England and Wales
Cited by:
Original Appeal – Regina v Smith CACD 10-Mar-2010
The court certified a question for the Supreme Court namely: ‘Is it appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence?’ . .
At CACD – Regina v Smith (Nicholas) SC 20-Jul-2011
The defendant committed a series of armed robberies whilst released on licence from a term of life imprisonment. He appealed against an additional sentence of imprisonment for public protection (IPP), saying it was wrong to have two indeterminate . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 September 2022; Ref: scu.428647
