Miller, R [2018] EWCA Crim 500 (19 January 2018)
The sentencing judge erred by failing to obtain a pre-sentence report or explain its absence and by not considering a lengthy determinate sentence as an alternative to an extended sentence, as required by law and established authority. The risk posed by the appellant could be met by a determinate sentence.
- Citation
- [2018] EWCA Crim 500
- Parties
- Prosecution: Regina; Appellant: Anthony James Patrick Miller
- Jurisdiction
- England and Wales
- Judgment Date
- 19 January 2018
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Robbery, False Imprisonment, Sentencing, Dangerousness, Extended Sentence, Determinate Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Anthony James Patrick Miller
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in imposing an extended sentence under the dangerousness provisions without considering a determinate sentence.
- 2 Whether a pre-sentence report was required before imposing an extended sentence.
Ratio Decidendi
The sentencing judge erred by failing to obtain a pre-sentence report or explain its absence and by not considering a lengthy determinate sentence as an alternative to an extended sentence, as required by law and established authority. The risk posed by the appellant could be met by a determinate sentence.
Court Disposition
appeal allowed
Orders
- Sentences of extended imprisonment on counts 1 and 2 quashed.
- Concurrent determinate sentences of fifteen years' imprisonment substituted on each count.
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