Dawkins, R v

Dawkins, R v

The sentencing judge correctly applied the provisions of sections 224 to 229 of the Criminal Justice Act 2003. There was sufficient evidence of significant risk of serious harm to the public from further specified offences, and the presumption of dangerousness was not unreasonable to apply. The sentence of imprisonment for public protection was not manifestly excessive.

Parties
Prosecutor: Regina; Appellant: Alan Graham Dawkins
Jurisdiction
England and Wales
Judgment Date
13 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Dangerous Offenders, Imprisonment for Public Protection, Assessment of Risk, Statutory Interpretation

Case Brief

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Parties

Regina

Prosecutor

Alan Graham Dawkins

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of imprisonment for public protection (IPP) was manifestly excessive
  2. 2 Whether the sentencing judge correctly applied sections 224 to 229 of the Criminal Justice Act 2003 regarding dangerous offenders
  3. 3 Whether the presumption of dangerousness under section 229(3) should have been disapplied

Ratio Decidendi

The sentencing judge correctly applied the provisions of sections 224 to 229 of the Criminal Justice Act 2003. There was sufficient evidence of significant risk of serious harm to the public from further specified offences, and the presumption of dangerousness was not unreasonable to apply. The sentence of imprisonment for public protection was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.