Hills, R. v [2008] EWCA Crim 1871 (17 July 2008)

Hills, R. v [2008] EWCA Crim 1871 (17 July 2008)

The court held that it is lawful and appropriate to impose a sentence structured to commence after the minimum term of an existing indeterminate sentence, pursuant to section 154 of the Powers of Criminal Courts (Sentencing) Act 2000, and that the sentences imposed in these cases were not manifestly excessive given...

Source-derived case information.

Citation
[2008] EWCA Crim 1871
Parties
Prosecution: Regina; Appellant: Christopher Carl Steven Hills; Appellant: Stephen David Davies; Appellant: Marvin Emeka Pomfret
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeals dismissed except for reduction of sentence on certain counts for Davies.
Legal Topics
Indeterminate Sentences, Consecutive and Concurrent Sentencing, Imprisonment for Public Protection, Minimum Terms, Sentencing of Prisoners for Offences Committed in Custody
Criminal Law Sentencing Indeterminate Sentences Consecutive and Concurrent Sentencing Imprisonment for Public Protection Minimum Terms Sentencing of Prisoners for Offences Committed in Custody

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Christopher Carl Steven Hills

Appellant

Stephen David Davies

Appellant

Marvin Emeka Pomfret

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether a court can lawfully impose a sentence to commence after the minimum term of an existing indeterminate sentence
  2. 2 Appropriate structuring of sentences for offenders already serving indeterminate sentences
  3. 3 Whether the minimum terms imposed were manifestly excessive

Ratio Decidendi

The court held that it is lawful and appropriate to impose a sentence structured to commence after the minimum term of an existing indeterminate sentence, pursuant to section 154 of the Powers of Criminal Courts (Sentencing) Act 2000, and that the sentences imposed in these cases were not manifestly excessive given the seriousness and aggravating features of the offences.

Court Disposition

Appeals dismissed except for reduction of sentence on certain counts for Davies.

Orders

  • Hills: Appeal dismissed; sentence stands but should be detention in a Young Offender Institution (academic only).
  • Davies: Appeal allowed in part; sentences on counts 9, 10, and 11 reduced to 18 months concurrent; otherwise appeal dismissed.