Gladwin, R. v [2022] EWCA Crim 985 (23 June 2022)
Given the violent nature of the offences, the pattern of offending, and the assessment of ongoing risk, the sentencing judge was entitled to impose a discretionary life sentence; the sentence was not manifestly excessive or based on an unduly pessimistic assessment of risk.
- Citation
- [2022] EWCA Crim 985
- Parties
- Prosecution: Regina; Applicant: Craig Andrew Gladwin
- Jurisdiction
- England and Wales
- Judgment Date
- 23 June 2022
- Procedural Posture
- Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
- Outcome
- application for permission to appeal refused; appeal dismissed
- Legal Topics
- Rape, Sentencing, Dangerousness, Discretionary Life Sentence, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Craig Andrew Gladwin
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Legal Issues
- 1 Whether the discretionary life sentence imposed was manifestly excessive
- 2 Whether the assessment of future risk by the sentencing judge was unduly pessimistic
Ratio Decidendi
Given the violent nature of the offences, the pattern of offending, and the assessment of ongoing risk, the sentencing judge was entitled to impose a discretionary life sentence; the sentence was not manifestly excessive or based on an unduly pessimistic assessment of risk.
Court Disposition
application for permission to appeal refused; appeal dismissed
Orders
- renewed application for permission to appeal against sentence is refused
- sentence of life imprisonment with a minimum term of 11 years and 9 months stands
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