R v Harrison Fryer

R v Harrison Fryer

The extended sentence was quashed because the judge should have obtained a pre-sentence report before imposing it, and a lengthy determinate sentence was sufficient for public protection given the applicant's limited criminal record and the circumstances.

Parties
Prosecutor: Rex; Applicant: Harrison Fryer
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Sentencing, Dangerousness Assessment, Extended Sentences, Aggravated Burglary, Possession of Imitation Firearm
Criminal Law Sentencing Dangerousness Assessment Extended Sentences Aggravated Burglary Possession of Imitation Firearm

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 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecutor

Harrison Fryer

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of an extended sentence without a pre-sentence report was appropriate
  2. 2 Whether a lengthy determinate sentence was sufficient for public protection

Ratio Decidendi

The extended sentence was quashed because the judge should have obtained a pre-sentence report before imposing it, and a lengthy determinate sentence was sufficient for public protection given the applicant's limited criminal record and the circumstances.

Court Disposition

Appeal allowed

Orders

  • Extended sentence on count 1 quashed and substituted with a determinate sentence of 12 years' imprisonment
  • Sentence on count 2 (three years' imprisonment) remains unchanged