Attorney General's Reference Nos. 60 of 2008 [2008] EWCA Crim 2695 (06 November 2008)

Attorney General's Reference Nos. 60 of 2008 [2008] EWCA Crim 2695 (06 November 2008)

The original determinate sentence of four years' imprisonment was wholly inadequate given the gravity of the offences, the offender's previous convictions, and the risk posed to the public. An order for imprisonment for public protection is appropriate, with a notional minimum term of five years' imprisonment.

Source-derived case information.

Citation
[2008] EWCA Crim 2695
Parties
Applicant: Her Majesty's Attorney General; Respondent: Daniel Gordon
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Attorney General's Reference Under Section 36 Criminal Justice Act 1988 / Appeal Against Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Robbery, Burglary, Sexual Assault, Sentencing, Imprisonment for Public Protection
Criminal Law Robbery Burglary Sexual Assault Sentencing Imprisonment for Public Protection

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Parties

Her Majesty's Attorney General

Applicant

Daniel Gordon

Respondent

Procedural Posture

Attorney General's Reference Under Section 36 Criminal Justice Act 1988 / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether an order for imprisonment for public protection should have been imposed

Ratio Decidendi

The original determinate sentence of four years' imprisonment was wholly inadequate given the gravity of the offences, the offender's previous convictions, and the risk posed to the public. An order for imprisonment for public protection is appropriate, with a notional minimum term of five years' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Order of imprisonment for public protection imposed
  • Notional minimum term of five years' imprisonment before release can be considered