Bretton, R v

Bretton, R v

The appellant presents a significant risk of serious harm to the complainant and the public, and only a sentence of imprisonment for public protection is appropriate; the notional term should be three years, reduced for the guilty plea and time spent on remand.

Parties
Prosecution: Regina; Defendant: Bretton
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Imprisonment for Public Protection, Dangerousness, Arson, Breach of Orders
Criminal Law Sentencing Imprisonment for Public Protection Dangerousness Arson Breach of Orders

Case Brief

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Parties

Regina

Prosecution

Bretton

Defendant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant meets the criteria for dangerousness under the Criminal Justice Act 2003
  2. 2 Whether imprisonment for public protection (IPP) or an extended sentence is appropriate
  3. 3 Whether the notional term imposed was too long

Ratio Decidendi

The appellant presents a significant risk of serious harm to the complainant and the public, and only a sentence of imprisonment for public protection is appropriate; the notional term should be three years, reduced for the guilty plea and time spent on remand.

Court Disposition

appeal dismissed

Orders

  • Minimum term set at one-and-a-half years less 64 days spent on remand
  • Imprisonment for public protection confirmed