Chaney, R. v

Chaney, R. v

The sentence of imprisonment for public protection was unlawful as the offence predated the statutory provision. Convictions on counts 6, 7, and 8 were unsafe due to evidential uncertainty regarding the dates of the offences and must be quashed. The appropriate sentence is a total of 8 years' imprisonment, achieved by making the sentences for the drugs offences consecutive to the sentences for indecent assault.

Parties
Prosecutor: Regina; Appellant: David John Chaney
Jurisdiction
England and Wales
Judgment Date
14 January 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; convictions on counts 6, 7, and 8 quashed; sentence restructured to 8 years' imprisonment.
Legal Topics
Imprisonment for Public Protection, Indecent Assault, Rape, Supplying Drugs, Prostitution, Statutory Interpretation, Unsafe Conviction
Criminal Law Imprisonment for Public Protection Indecent Assault Rape Supplying Drugs Prostitution Statutory Interpretation Unsafe Conviction

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Parties

Regina

Prosecutor

David John Chaney

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was lawful given the offence dates
  2. 2 Whether convictions on counts 6, 7, and 8 were safe given statutory changes and lack of evidence as to offence dates
  3. 3 Appropriate sentence structure given the quashing of certain convictions

Ratio Decidendi

The sentence of imprisonment for public protection was unlawful as the offence predated the statutory provision. Convictions on counts 6, 7, and 8 were unsafe due to evidential uncertainty regarding the dates of the offences and must be quashed. The appropriate sentence is a total of 8 years' imprisonment, achieved by making the sentences for the drugs offences consecutive to the sentences for indecent assault.

Court Disposition

Appeal allowed in part; convictions on counts 6, 7, and 8 quashed; sentence restructured to 8 years' imprisonment.

Orders

  • Convictions on counts 6, 7, and 8 quashed
  • Sentences for counts 9, 10, and 11 to run consecutively to counts 1 to 5, total sentence 8 years