Lockwood, R. v
The statutory presumption of dangerousness was properly applied given the appellant's previous violent offences and the serious nature of the current attack. However, the minimum term specified was excessive; the appropriate minimum term should be 2½ years, less time spent on remand.
Source-derived case information.
- Parties
- Prosecution: Regina; Appellant: Grant Lockwood
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 2008
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Grievous Bodily Harm, Sentencing, Dangerousness, Imprisonment for Public Protection
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Grant Lockwood
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the statutory presumption of dangerousness applied to the appellant
- 2 Whether the imposition of an indeterminate sentence for public protection was justified
- 3 Whether the minimum term specified was excessive
Ratio Decidendi
The statutory presumption of dangerousness was properly applied given the appellant's previous violent offences and the serious nature of the current attack. However, the minimum term specified was excessive; the appropriate minimum term should be 2½ years, less time spent on remand.
Court Disposition
appeal allowed in part
Orders
- Minimum term reduced to 2½ years less 106 days spent on remand
- Indeterminate sentence for public protection upheld
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