C & Ors, R v

C & Ors, R v

Consecutive extended sentences are lawful but should be avoided unless necessary due to practical difficulties in release and licence calculations; judges must ensure sentences do not exceed statutory maxima and should structure sentences to reflect overall criminality without creating administrative problems.

Parties
Respondent: R; Appellant: C; Appellant: Anthony Michael Bartley; Appellant: Danny Baldrey; Appellant: Robert William Price; Appellant: Wayne Malcolm Spencer Broad; Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 March 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeals allowed in part; sentences varied; guidance clarified.
Legal Topics
Extended Sentences, Consecutive Sentences, Concurrent Sentences, Dangerousness, Sexual Offences, Violent Offences, Release Provisions
Criminal Law Sentencing Extended Sentences Consecutive Sentences Concurrent Sentences Dangerousness Sexual Offences Violent Offences +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

R

Respondent

C

Appellant

Anthony Michael Bartley

Appellant

Danny Baldrey

Appellant

Robert William Price

Appellant

Wayne Malcolm Spencer Broad

Appellant

Secretary of State for the Home Department

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether consecutive extended sentences are lawful and appropriate under the Criminal Justice Act 2003 and predecessor statutes
  2. 2 How release provisions operate for consecutive and concurrent extended and determinate sentences
  3. 3 Whether the sentencing judges erred in principle or imposed manifestly excessive sentences

Ratio Decidendi

Consecutive extended sentences are lawful but should be avoided unless necessary due to practical difficulties in release and licence calculations; judges must ensure sentences do not exceed statutory maxima and should structure sentences to reflect overall criminality without creating administrative problems.

Court Disposition

Appeals allowed in part; sentences varied; guidance clarified.

Orders

  • Extension of time and leave to appeal granted for C.
  • Record amended for C to reflect correct extended sentence and statutory maxima.