Barron, R. v [2009] EWCA Crim 837 (29 April 2009)

Barron, R. v [2009] EWCA Crim 837 (29 April 2009)

The Court of Appeal dismissed the application, holding that although the sentencing judge failed to impose mandatory indeterminate sentences for certain post-4 April 2005 offences as required by the Criminal Justice Act 2003, it could not substitute such sentences on appeal as this would be more severe and contrary to section 11(3) of the Criminal Appeal Act 1968. The minimum term of 9 years for the life sentence stands, and all other sentences are to run concurrently.

Citation
[2009] EWCA Crim 837
Parties
Respondent: R; Appellant: Anthony Barron
Jurisdiction
England and Wales
Judgment Date
29 April 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence Out of Time
Outcome
Application dismissed
Legal Topics
Sentencing, Sexual Offences, Dangerous Offenders, Indeterminate Sentences, Appeal Procedure
Criminal Law Sentencing Sexual Offences Dangerous Offenders Indeterminate Sentences Appeal Procedure

Case Brief

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Parties

R

Respondent

Anthony Barron

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence Out of Time

Legal Issues

  1. 1 Whether the sentencing judge lawfully imposed sentences for post-4 April 2005 offences under the Criminal Justice Act 2003
  2. 2 Whether the sentences for making or possessing indecent moving images and for sexual assault were excessive or consecutive in error
  3. 3 Whether the Court of Appeal can or should alter the sentences imposed for post-4 April 2005 offences

Ratio Decidendi

The Court of Appeal dismissed the application, holding that although the sentencing judge failed to impose mandatory indeterminate sentences for certain post-4 April 2005 offences as required by the Criminal Justice Act 2003, it could not substitute such sentences on appeal as this would be more severe and contrary to section 11(3) of the Criminal Appeal Act 1968. The minimum term of 9 years for the life sentence stands, and all other sentences are to run concurrently.

Court Disposition

Application dismissed

Orders

  • No order made in respect of post-4 April 2005 offences for which mandatory indeterminate sentences should have been imposed
  • Minimum term of 9 years applies to Counts 60A and 73 of Indictment one; minimum terms for other life sentences to run concurrently