Scott, R. v [2007] EWCA Crim 3003 (16 November 2007)

Scott, R. v [2007] EWCA Crim 3003 (16 November 2007)

The judge erred in finding that a sentence of detention for public protection was mandatory; the notional determinate sentence was too high and insufficient credit was given for the appellant's pleas and age. A determinate sentence of 5 years is appropriate.

Citation
[2007] EWCA Crim 3003
Parties
Prosecution: Regina; Appellant: Jamie Scott
Jurisdiction
England and Wales
Judgment Date
16 November 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Arson, Burglary, Detention for Public Protection, Determinate Sentence
Criminal Law Sentencing Arson Burglary Detention for Public Protection Determinate Sentence

Case Brief

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Parties

Regina

Prosecution

Jamie Scott

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentence of detention for public protection was appropriate
  2. 2 Whether the notional determinate sentence was manifestly excessive
  3. 3 Whether sufficient credit was given for guilty pleas and age

Ratio Decidendi

The judge erred in finding that a sentence of detention for public protection was mandatory; the notional determinate sentence was too high and insufficient credit was given for the appellant's pleas and age. A determinate sentence of 5 years is appropriate.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of detention for public protection quashed
  • Substituted with a determinate sentence of 5 years in a young offender institution, less 97 days served on remand