Attorney-General's Reference No 14 of 2009 (Rupert Morgan) [2009] EWCA Crim 1143 (6 May 2009)

Attorney-General's Reference No 14 of 2009 (Rupert Morgan) [2009] EWCA Crim 1143 (6 May 2009)

Given the offender's extensive violent record, the premeditated and gratuitously violent nature of the offences, and the high risk of serious harm to the public, the original determinate sentence was unduly lenient. The only adequate sentence was imprisonment for public protection with a specified minimum term reflecting the seriousness of the offences and aggravating factors.

Citation
[2009] EWCA Crim 1143
Parties
Applicant: Attorney General; Offender/respondent: Rupert Morgan
Jurisdiction
England and Wales
Judgment Date
06 May 2009
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentences quashed; substituted with sentences of imprisonment for public protection with a specified minimum term.
Legal Topics
Sentencing, Imprisonment for Public Protection, Unduly Lenient Sentences, Dangerousness, Robbery, Wounding With Intent
Criminal Law Sentencing Imprisonment for Public Protection Unduly Lenient Sentences Dangerousness Robbery Wounding With Intent

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Parties

Attorney General

Applicant

Rupert Morgan

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether a sentence of imprisonment for public protection should have been imposed
  3. 3 Appropriate notional determinate sentence for the offences

Ratio Decidendi

Given the offender's extensive violent record, the premeditated and gratuitously violent nature of the offences, and the high risk of serious harm to the public, the original determinate sentence was unduly lenient. The only adequate sentence was imprisonment for public protection with a specified minimum term reflecting the seriousness of the offences and aggravating factors.

Court Disposition

Appeal allowed; original sentences quashed; substituted with sentences of imprisonment for public protection with a specified minimum term.

Orders

  • Sentences on both counts quashed.
  • Sentences of imprisonment for public protection substituted.