Smith, R. v

Smith, R. v

The sentence imposed was not manifestly excessive; the judge adequately reflected the appellant's age, autism, and mitigation, and the custodial element was appropriate given the significant degree of culpability and intent to cause serious injury.

Parties
Respondent: Regina; Appellant: Damon Smith
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Explosive Substances, Sentencing, Dangerous Offender, Autism Spectrum Disorder, Mitigation
Criminal Law Explosive Substances Sentencing Dangerous Offender Autism Spectrum Disorder Mitigation

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

Parties

Regina

Respondent

Damon Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's age, disability, and vulnerability
  2. 2 Whether the dangerousness provisions were satisfied
  3. 3 Whether the custodial element of the sentence was too long

Ratio Decidendi

The sentence imposed was not manifestly excessive; the judge adequately reflected the appellant's age, autism, and mitigation, and the custodial element was appropriate given the significant degree of culpability and intent to cause serious injury.

Court Disposition

appeal dismissed

Orders

  • The sentence imposed is upheld.