Gorman v R.

Gorman v R.

The sentence imposed was not heavier than the maximum penalty of life imprisonment applicable at the time of the offence; therefore, there was no violation of Article 7 ECHR and the appeal must be dismissed.

Parties
Appellant: Daniel Gorman; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Manslaughter, Imprisonment for Public Protection, Article 7 ECHR, Retrospective Penalty
Criminal Law Human Rights Law Manslaughter Imprisonment for Public Protection Article 7 ECHR Retrospective Penalty

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Daniel Gorman

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the imposition of imprisonment for public protection for an offence committed before the relevant statutory provision violates Article 7 of the European Convention on Human Rights
  2. 2 Whether the sentence imposed was heavier than the maximum penalty applicable at the time of the offence

Ratio Decidendi

The sentence imposed was not heavier than the maximum penalty of life imprisonment applicable at the time of the offence; therefore, there was no violation of Article 7 ECHR and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Correction made to reflect that the appellant had already served more than the specified minimum term in custody.