Smith, R. v

The sentence imposed was appropriate, took account of totality, and no discount was required for sentencing under the pre-2003 Act regime; the appeal fails.

Parties: Prosecutor: Regina; Appellant: Donald Smith
Jurisdiction: England and Wales
Judgment Date: 02 April 2007
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: Appeal dismissed
Legal Topics: Sentencing, Rape, Buggery, Extended Sentences, Criminal Justice Act 2003, Totality Principle

Criminal Law Sentencing Rape Buggery Extended Sentences Criminal Justice Act 2003 Totality Principle

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Parties

Regina

Prosecutor

Donald Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed was appropriate for the totality of the criminal behaviour
2 Whether sentencing under the pre-2003 Act regime resulted in a more onerous sentence than under the Criminal Justice Act 2003

Ratio Decidendi

The sentence imposed was appropriate, took account of totality, and no discount was required for sentencing under the pre-2003 Act regime; the appeal fails.

Court Disposition

Appeal dismissed