Hutchison, R v

Hutchison, R v

The judge's observation about the alleged provocation did not affect the sentence, which was based on the applicant's genuine belief, and the minimum term was not excessive given the facts and guidelines.

Parties
Prosecutor: Regina; Applicant: Ian Armstrong Hutchison
Jurisdiction
England and Wales
Judgment Date
17 June 2008
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Sentencing, Dangerous Offenders, Imprisonment for Public Protection, Minimum Term, Appeal Procedure
Criminal Law Sentencing Dangerous Offenders Imprisonment for Public Protection Minimum Term Appeal Procedure

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Parties

Regina

Prosecutor

Ian Armstrong Hutchison

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in stating he was sure the alleged provocation did not occur without a Newton hearing
  2. 2 Whether the minimum term imposed was excessive or based on an incorrect factual basis

Ratio Decidendi

The judge's observation about the alleged provocation did not affect the sentence, which was based on the applicant's genuine belief, and the minimum term was not excessive given the facts and guidelines.

Court Disposition

renewed application for leave to appeal against sentence refused

Orders

  • Application refused