M, R v [2003] EWCA Crim 1824 (12 June 2003)

M, R v [2003] EWCA Crim 1824 (12 June 2003)

The original sentence was unduly lenient given the gravity of the offences, the risk to the public, and the psychiatric evidence. A sentence of ten years under section 85 of the Criminal Courts (Sentencing) Act, with eight years to be served in custody, is appropriate to reflect both punishment and public protection.

Citation
[2003] EWCA Crim 1824
Parties
Applicant: Attorney General; Offender/respondent: W. M.
Jurisdiction
England and Wales
Judgment Date
12 June 2003
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference; original sentence quashed.
Legal Topics
Sentencing, Sexual Offences, Mental Health and Criminal Justice, Attorney General's Reference
Criminal Law Sentencing Sexual Offences Mental Health and Criminal Justice Attorney General's Reference

Case Brief

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Parties

Attorney General

Applicant

W. M.

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed on W. M. was unduly lenient
  2. 2 Appropriate sentence in light of psychiatric evidence and risk to the public
  3. 3 Applicability of Mental Health Act 1983 provisions

Ratio Decidendi

The original sentence was unduly lenient given the gravity of the offences, the risk to the public, and the psychiatric evidence. A sentence of ten years under section 85 of the Criminal Courts (Sentencing) Act, with eight years to be served in custody, is appropriate to reflect both punishment and public protection.

Court Disposition

Sentence increased on Attorney General's Reference; original sentence quashed.

Orders

  • Offender to serve a total of ten years' imprisonment under section 85, with eight years in custody (five years for the offence, three years for public protection)
  • Medical reports to accompany the offender to prison for the governor's attention