Hart, R v

Hart, R v

There was no proper evidential basis for finding the appellant dangerous; the risk assessment did not justify a significant risk of serious harm to the public, and the extended sentence was unwarranted.

Parties
Prosecution: Regina; Appellant: Adrian Hart
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sexual Offences, Dangerousness Assessment, Sentencing, Extended Sentence, Rape, Indecent Assault
Criminal Law Sexual Offences Dangerousness Assessment Sentencing Extended Sentence Rape Indecent Assault

Case Brief

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Parties

Regina

Prosecution

Adrian Hart

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was dangerous for purposes of the Criminal Justice Act 2003
  2. 2 Whether the extended sentence imposed was justified

Ratio Decidendi

There was no proper evidential basis for finding the appellant dangerous; the risk assessment did not justify a significant risk of serious harm to the public, and the extended sentence was unwarranted.

Court Disposition

appeal allowed

Orders

  • Sentence under count 3 quashed
  • Concurrent sentence of twelve years' imprisonment imposed for count 3