Mellis, R. v [2023] EWCA Crim 1205 (10 October 2023)

Mellis, R. v [2023] EWCA Crim 1205 (10 October 2023)

The judge was entitled to find the applicant dangerous based on lack of insight and risk factors, provided adequate reasoning for departing from expert reports, and imposed a justified sentence reflecting the overall criminality and impact on victims.

Citation
[2023] EWCA Crim 1205
Parties
Prosecution: Rex; Applicant: Andrew Mellis
Jurisdiction
England and Wales
Judgment Date
10 October 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Refused
Outcome
leave to appeal refused
Legal Topics
Rape, Dangerous Offender, Sentencing, Totality Principle, Mitigation
Criminal Law Rape Dangerous Offender Sentencing Totality Principle Mitigation

Case Brief

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Parties

Rex

Prosecution

Andrew Mellis

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 Whether the judge erred in finding the applicant dangerous contrary to expert reports
  2. 2 Whether the sentence was manifestly excessive
  3. 3 Whether mitigation and delay were properly considered

Ratio Decidendi

The judge was entitled to find the applicant dangerous based on lack of insight and risk factors, provided adequate reasoning for departing from expert reports, and imposed a justified sentence reflecting the overall criminality and impact on victims.

Court Disposition

leave to appeal refused