R v Colin Barker

R v Colin Barker

The sentencing judge failed to consider whether an extended sentence would provide adequate protection for the public and imposed a sentence that was too long for the offences and circumstances. The appropriate sentence was an extended sentence with a five-year custodial term and five-year extension period.

Parties
Prosecutor: Rex; Applicant: Colin Barker
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sexual Offences, Sentencing, Appeals, Children, Reporting Restrictions
Criminal Law Sexual Offences Sentencing Appeals Children Reporting Restrictions

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Parties

Rex

Prosecutor

Colin Barker

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of detention for public protection was lawfully and appropriately imposed
  2. 2 Whether an extended sentence should have been considered as an alternative
  3. 3 Whether the notional determinate custodial term was excessive

Ratio Decidendi

The sentencing judge failed to consider whether an extended sentence would provide adequate protection for the public and imposed a sentence that was too long for the offences and circumstances. The appropriate sentence was an extended sentence with a five-year custodial term and five-year extension period.

Court Disposition

appeal allowed

Orders

  • Extension of time granted
  • Leave to appeal granted