Edwards, R. v

Edwards, R. v

The minimum term for the IPP sentence was manifestly excessive as the sentencing judge failed to properly consider the totality of offending and the effect of early guilty pleas; the minimum term is reduced to four years less time on remand, and concurrent extended sentences are imposed for specified but not serious offences.

Parties
Appellant: Frederick Edwards; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Imprisonment for Public Protection, Extended Sentences, Dangerousness, Totality Principle
Criminal Law Sentencing Imprisonment for Public Protection Extended Sentences Dangerousness Totality Principle

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Parties

Frederick Edwards

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term imposed under the sentence of imprisonment for public protection was manifestly excessive
  2. 2 Whether the sentencing judge erred in not imposing sentences on all counts
  3. 3 Proper application of extended sentences for specified but not serious offences

Ratio Decidendi

The minimum term for the IPP sentence was manifestly excessive as the sentencing judge failed to properly consider the totality of offending and the effect of early guilty pleas; the minimum term is reduced to four years less time on remand, and concurrent extended sentences are imposed for specified but not serious offences.

Court Disposition

appeal allowed in part

Orders

  • Minimum term for IPP sentence reduced to four years less 182 days on remand
  • Concurrent extended sentences totalling three years (18 months custodial, 18 months extension) imposed for specified but not serious offences