C, R. v

C, R. v

The notional minimum term of four years set by the sentencing judge was manifestly excessive given the appellant's age, early guilty plea, absence of violence, attempted (not completed) offence, and cooperation. The appropriate determinate sentence is three years less time spent on remand. The appellant qualifies as dangerous, but the statutory threshold for detention for public protection or extended sentence is not met.

Parties
Respondent: Regina; Appellant: C
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Attempted Rape, Dangerousness, Detention for Public Protection, Extended Sentence, Youth Offender
Criminal Law Sentencing Attempted Rape Dangerousness Detention for Public Protection Extended Sentence Youth Offender

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Parties

Regina

Respondent

C

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant qualifies as dangerous under section 229 of the Criminal Justice Act 2003 as amended by the 2008 Act
  2. 2 Whether the sentence of detention for public protection was appropriate
  3. 3 What is the appropriate determinate sentence for attempted rape by a youth offender

Ratio Decidendi

The notional minimum term of four years set by the sentencing judge was manifestly excessive given the appellant's age, early guilty plea, absence of violence, attempted (not completed) offence, and cooperation. The appropriate determinate sentence is three years less time spent on remand. The appellant qualifies as dangerous, but the statutory threshold for detention for public protection or extended sentence is not met.

Court Disposition

appeal allowed in part

Orders

  • Sentence of detention for public protection quashed
  • Substituted with a determinate sentence of three years detention in a young offender institution under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000