Chaney, R. v [2009] EWCA Crim 52 (14 January 2009)

Chaney, R. v [2009] EWCA Crim 52 (14 January 2009)

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 about the dates of the offences relative to statutory changes.

Citation
[2009] EWCA Crim 52
Parties
Respondent: 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
Legal Topics
Rape, Indecent Assault, Prostitution Offences, Drug Offences, Imprisonment for Public Protection, Statutory Interpretation, Unsafe Conviction
Criminal Law Rape Indecent Assault Prostitution Offences Drug Offences Imprisonment for Public Protection Statutory Interpretation Unsafe Conviction

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Parties

Regina

Respondent

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 date
  2. 2 Whether convictions on counts 6, 7, and 8 were safe given statutory changes and evidential uncertainty about offence dates

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 about the dates of the offences relative to statutory changes.

Court Disposition

appeal allowed in part

Orders

  • Convictions on counts 6, 7, and 8 quashed
  • Sentences for indecent assaults (counts 1-5) remain at 5 years each, concurrent