Smith, R. v [2007] EWCA Crim 941 (02 April 2007)

Smith, R. v [2007] EWCA Crim 941 (02 April 2007)

The sentence imposed was appropriate for the offences and totality; no discount was required for sentencing under the pre-2003 Act regime as the new regime is more onerous. The appeal fails.

Citation
[2007] EWCA Crim 941
Parties
Prosecution: 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 Sentence, Release Provisions
Criminal Law Sentencing Rape Buggery Extended Sentence Release Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Donald Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The sentence imposed was appropriate for the offences and totality; no discount was required for sentencing under the pre-2003 Act regime as the new regime is more onerous. The appeal fails.

Court Disposition

appeal dismissed

Orders

  • sentence upheld