Morris & Anor, R v

Morris & Anor, R v

The sentences of life imprisonment were quashed and replaced with sentences of imprisonment for public protection with reduced minimum terms, as the offences, while extremely serious and violent, did not reach the threshold for life imprisonment given the absence of actual use of weapons to inflict injury and the need to reserve life sentences for even more serious cases.

Parties
Prosecutor: Regina; Appellant: Daniel John Morris; Appellant: Damian Anthony Long
Jurisdiction
England and Wales
Judgment Date
16 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Sentencing, Robbery, Aggravated Burglary, Imprisonment for Public Protection, Life Imprisonment

Case Brief

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Parties

Regina

Prosecutor

Daniel John Morris

Appellant

Damian Anthony Long

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Whether sentences of life imprisonment were justified for the appellants given the circumstances and available alternative sentences
  2. 2 Whether the minimum terms specified were excessive

Ratio Decidendi

The sentences of life imprisonment were quashed and replaced with sentences of imprisonment for public protection with reduced minimum terms, as the offences, while extremely serious and violent, did not reach the threshold for life imprisonment given the absence of actual use of weapons to inflict injury 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 with specified minimum terms (Long: 7 years 3 months; Morris: 6 years 8 months)
  • Concurrent sentences on other counts maintained