Boswell, R. v

Boswell, R. v

The judge was correct in imposing imprisonment for public protection as the statutory assumption of dangerousness was not displaced, given the applicant's history and the pre-sentence report. The minimum term was not manifestly excessive. The sentence of no separate penalty for assault occasioning actual bodily harm...

Source-derived case information.

Parties
Applicant: Brian Boswell; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
26 June 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Imprisonment for Public Protection, Extended Sentence, Threats to Kill, Assault Occasioning Actual Bodily Harm
Criminal Law Sentencing Imprisonment for Public Protection Extended Sentence Threats to Kill Assault Occasioning Actual Bodily Harm

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Parties

Brian Boswell

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was appropriate
  2. 2 Whether the statutory assumption of dangerousness should have been disapplied
  3. 3 Whether the minimum term imposed was manifestly excessive

Ratio Decidendi

The judge was correct in imposing imprisonment for public protection as the statutory assumption of dangerousness was not displaced, given the applicant's history and the pre-sentence report. The minimum term was not manifestly excessive. The sentence of no separate penalty for assault occasioning actual bodily harm was unlawful and should be replaced with a concurrent extended sentence.

Court Disposition

appeal allowed in part

Orders

  • Quash the decision to impose no separate penalty for assault occasioning actual bodily harm
  • Substitute a concurrent sentence of 12 months' imprisonment with an extended period of one year for assault occasioning actual bodily harm