Miller, R

Miller, R

The sentencing judge failed to consider the intermediate option of a lengthy determinate sentence despite a finding of dangerousness. Given the appellant's age, lack of previous violent convictions, and the circumstances, the risk to the public could be met by a 15-year determinate sentence rather than an extended sentence.

Parties
Prosecution: Regina; Appellant: Anthony James Patrick Miller
Jurisdiction
England and Wales
Judgment Date
19 January 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Robbery, False Imprisonment, Sentencing, Dangerousness, Extended Sentence, Determinate Sentence
Criminal Law Robbery False Imprisonment Sentencing Dangerousness Extended Sentence Determinate Sentence

Case Brief

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Parties

Regina

Prosecution

Anthony James Patrick Miller

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in imposing an extended sentence under dangerousness provisions
  2. 2 Whether a determinate sentence was appropriate despite a finding of dangerousness

Ratio Decidendi

The sentencing judge failed to consider the intermediate option of a lengthy determinate sentence despite a finding of dangerousness. Given the appellant's age, lack of previous violent convictions, and the circumstances, the risk to the public could be met by a 15-year determinate sentence rather than an extended sentence.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Sentences of 17 years (extended) on counts 1 and 2 quashed
  • Concurrent terms of 15 years' imprisonment substituted on each count