Russell, R. v

Russell, R. v

The sentence of detention for public protection was wrong in principle because an extended sentence under section 228 of the Criminal Justice Act 2003 was adequate to manage the risk posed by the applicant, a youth offender.

Parties
Prosecutor: Regina; Applicant: Dylan Russell
Jurisdiction
England and Wales
Judgment Date
10 June 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Dangerous Offenders, Youth Offenders, Appeals
Criminal Law Sentencing Dangerous Offenders Youth Offenders Appeals

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 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

Dylan Russell

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence of detention for public protection was appropriate for a youth offender convicted of wounding with intent, affray, and possession of a weapon
  2. 2 Whether an extended sentence under section 228 of the Criminal Justice Act 2003 would be adequate to protect the public

Ratio Decidendi

The sentence of detention for public protection was wrong in principle because an extended sentence under section 228 of the Criminal Justice Act 2003 was adequate to manage the risk posed by the applicant, a youth offender.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Application for leave to appeal against sentence granted
  • Sentence of detention for public protection quashed