Nourse, R. v [2024] EWCA Crim 1517 (02 July 2024)

Nourse, R. v [2024] EWCA Crim 1517 (02 July 2024)

Given the appellant's lack of previous violent convictions, genuine remorse and insight, low risk of reoffending, and the time to be served before release, an extended sentence was not justified. The deprivation order for the Mercedes, given its significant value and the lengthy custodial sentence, was disproportionate and wrong in principle.

Citation
[2024] EWCA Crim 1517
Parties
Prosecution: Rex; Appellant: Colin Stephen Nourse
Jurisdiction
England and Wales
Judgment Date
02 July 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Extended Sentence, Dangerousness, Deprivation Order, Firearms Offence, Sentencing
Criminal Law Extended Sentence Dangerousness Deprivation Order Firearms Offence Sentencing

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Prosecution

Colin Stephen Nourse

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the imposition of an extended sentence was justified under the dangerousness provisions
  2. 2 Whether the deprivation order for the Mercedes was proportionate and lawful

Ratio Decidendi

Given the appellant's lack of previous violent convictions, genuine remorse and insight, low risk of reoffending, and the time to be served before release, an extended sentence was not justified. The deprivation order for the Mercedes, given its significant value and the lengthy custodial sentence, was disproportionate and wrong in principle.

Court Disposition

appeal allowed in part

Orders

  • extended sentence quashed and replaced with determinate sentence of 14 years' imprisonment
  • deprivation order for Mercedes quashed