Bond, R v

Bond, R v

The notional determinate sentence of 5 years was manifestly excessive; the appropriate sentence was 2 years. As the notional minimum was less than 2 years, the statutory condition for imprisonment for public protection was not met. The sentence of imprisonment for public protection was quashed and substituted with a sentence of 2 years’ imprisonment.

Parties
Respondent: R; Appellant: Dale Bond
Jurisdiction
England and Wales
Judgment Date
13 May 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence of imprisonment for public protection quashed and substituted with 2 years’ imprisonment; restraining order imposed.
Legal Topics
Sentencing, Threats to Kill, Imprisonment for Public Protection, Dangerousness Assessment
Criminal Law Sentencing Threats to Kill Imprisonment for Public Protection Dangerousness Assessment

Case Brief

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Parties

R

Respondent

Dale Bond

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was appropriate under s225 of the Criminal Justice Act 2003
  2. 2 Whether the notional determinate sentence of 5 years was manifestly excessive

Ratio Decidendi

The notional determinate sentence of 5 years was manifestly excessive; the appropriate sentence was 2 years. As the notional minimum was less than 2 years, the statutory condition for imprisonment for public protection was not met. The sentence of imprisonment for public protection was quashed and substituted with a sentence of 2 years’ imprisonment.

Court Disposition

Appeal allowed; sentence of imprisonment for public protection quashed and substituted with 2 years’ imprisonment; restraining order imposed.

Orders

  • Sentence of imprisonment for public protection quashed
  • Substituted with 2 years’ imprisonment