Morris & Anor, R v [2010] EWCA Crim 367 (16 February 2010)

Morris & Anor, R v [2010] EWCA Crim 367 (16 February 2010)

Life sentences were not justified as the offences, while extremely serious and involving terror and violence, did not involve the actual use of weapons to inflict injury; IPP sentences provide equivalent public protection. The minimum terms imposed were excessive compared to guideline ranges and should be reduced to reflect the seriousness of the offences, the appellants' backgrounds, and the need to reserve life sentences for even more serious cases.

Citation
[2010] EWCA Crim 367
Parties
Prosecution: Regina; Appellant: Daniel John Morris; Appellant: Damian Anthony Long
Jurisdiction
England and Wales
Judgment Date
16 February 2010
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeals allowed in part
Legal Topics
Sentencing, Robbery, Aggravated Burglary, Imprisonment for Public Protection, Life Sentences, Dangerous Offenders
Criminal Law Sentencing Robbery Aggravated Burglary Imprisonment for Public Protection Life Sentences Dangerous Offenders

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Parties

Regina

Prosecution

Daniel John Morris

Appellant

Damian Anthony Long

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether life imprisonment was justified for the appellants given the availability of imprisonment for public protection (IPP) sentences under the Criminal Justice Act 2003
  2. 2 Whether the minimum terms specified were excessive in light of the facts and sentencing guidelines

Ratio Decidendi

Life sentences were not justified as the offences, while extremely serious and involving terror and violence, did not involve the actual use of weapons to inflict injury; IPP sentences provide equivalent public protection. The minimum terms imposed were excessive compared to guideline ranges and should be reduced to reflect the seriousness of the offences, the appellants' backgrounds, and the need to reserve life sentences for even more serious cases.

Court Disposition

appeals allowed in part

Orders

  • Life sentences on counts 6, 8, 9, 11, and 12 quashed and replaced with sentences of imprisonment for public protection (IPP) with specified minimum terms: 7 years 3 months for Long, 6 years 8 months for Morris.
  • Concurrent sentences on other counts maintained.