Considine, R v

Considine, R v

The court held that section 229 of the Criminal Justice Act 2003 permits the sentencing judge to consider all available information, including evidence of bad character and patterns of behaviour not resulting in convictions, when assessing dangerousness for the purposes of imposing imprisonment for public protection, provided the assessment is fair and does not amount to punishing for unproven offences.

Parties
Prosecution: R; Appellant (1): Lawrence Philip Considine; Applicant (2): Jay Davis
Jurisdiction
England and Wales
Judgment Date
06 June 2007
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Sentence
Outcome
Appeals dismissed; leave to appeal refused.
Legal Topics
Imprisonment for Public Protection, Assessment of Dangerousness, Admissibility of Bad Character Evidence, Sentencing Principles
Criminal Law Sentencing Imprisonment for Public Protection Assessment of Dangerousness Admissibility of Bad Character Evidence Sentencing Principles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R

Prosecution

Lawrence Philip Considine

Appellant (1)

Jay Davis

Applicant (2)

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether assessment of 'dangerousness' under section 225-229 Criminal Justice Act 2003 can be based on information not amounting to criminal convictions
  2. 2 Whether evidence of bad character or unproven allegations can be considered in sentencing for public protection

Ratio Decidendi

The court held that section 229 of the Criminal Justice Act 2003 permits the sentencing judge to consider all available information, including evidence of bad character and patterns of behaviour not resulting in convictions, when assessing dangerousness for the purposes of imposing imprisonment for public protection, provided the assessment is fair and does not amount to punishing for unproven offences.

Court Disposition

Appeals dismissed; leave to appeal refused.

Orders

  • Considine's appeal against sentence dismissed.
  • Davis's renewed application for leave to appeal refused.