Woolston, R. v

Woolston, R. v

The judge was entitled to find, on the facts and history of the case, that the appellant posed a significant risk of serious harm to his wife and others, justifying an extended sentence under section 227 of the Criminal Justice Act 2003. The absence of serious harm in this instance was fortuitous, and the judge properly applied the statutory criteria and relevant principles. The extension period was not manifestly excessive and was necessary for public protection.

Parties
Prosecutor: Regina; Appellant: Darren Woolston
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Domestic Violence, Dangerous Offenders, Extended Sentence, Assessment of Risk, Criminal Justice Act 2003
Criminal Law Domestic Violence Dangerous Offenders Extended Sentence Assessment of Risk Criminal Justice Act 2003

Case Brief

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Parties

Regina

Prosecutor

Darren Woolston

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence under section 227 of the Criminal Justice Act 2003 was justified based on the risk of serious harm
  2. 2 Whether the judge properly assessed the risk of future serious harm as required by statute
  3. 3 Whether the extension period imposed was manifestly excessive

Ratio Decidendi

The judge was entitled to find, on the facts and history of the case, that the appellant posed a significant risk of serious harm to his wife and others, justifying an extended sentence under section 227 of the Criminal Justice Act 2003. The absence of serious harm in this instance was fortuitous, and the judge properly applied the statutory criteria and relevant principles. The extension period was not manifestly excessive and was necessary for public protection.

Court Disposition

appeal dismissed

Orders

  • The appeal against the extended sentence is dismissed.
  • The appeal against the extension period is dismissed.